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#918730 by Eggtastico
13 Mar 2016, 09:18
Just my bad luck! another flight, another long delay.
Anyone clear on the rules on Charter Flight?
More specifically, when the Flight is operated by a different airline.
Who do I write to? the Airline operating, or the Package company, who I booked through & my contract is with?

I know this is going to be dragged out, due to the party size being 21 one of us!
4 hour delay - Distance 1360 miles 2190 km
(so €8400 due by my calculation)

Just want to start being firm & not be pushed from pillar to post.
#918732 by gumshoe
13 Mar 2016, 09:57
EC261/2004 applies to charter flights so if your flight qualifies you should be in luck (assuming, of course, you were flying intra-EU or if not the airline was EU-based).

As to who to claim from, hmmmmm. At a guess, the airline but it's only a guess based on the fact that if a VS flight booked as part of a VH package was delayed, you'd claim direct from VS not VH. But of course that would be a scheduled flight not a charter so this may be different.
#918733 by tontybear
13 Mar 2016, 12:01
You claim from the operating carrier.
#918734 by tontybear
13 Mar 2016, 12:02
You claim from the operating carrier.
#918735 by Eggtastico
13 Mar 2016, 12:08
tontybear wrote:You claim from the operating carrier.


Is there anywhere you can point me to, to quote them on that?
I don't want them to tell me its the tour operators issue & the operator tell me its the carrier.
the tour operator did give us a £5 food voucher - but no telephone calls.

Carrier in this case was Enter Air.
#918738 by pjh
13 Mar 2016, 12:22
A google search has some websites saying that the claim should be against the tour operator for charters as the contract is between them and the airline, not you and the airline.
#918739 by Eggtastico
13 Mar 2016, 12:28
pjh wrote:A google search has some websites saying that the claim should be against the tour operator for charters as the contract is between them and the airline, not you and the airline.


Thanks - that is my thought. The Tour Operator chartered this plane or at least sub-contracted it out.
They do use some scheduled flights from some parts of the country & have to adhere to their baggage rules & Advanced passenger details, etc. However, we had to operate to the Tour operators rules as we flew on their charter, rather than EasyJet's if we had flown from Gatwick for example.
Also, the Checkin Staff, etc. was all Servisair/Swissport, etc. type of thing - rather than the airline staff, etc.
All sorts of other issues as well. Including only having 1 of 2 infants listed & didn't care my E-Ticket was showing 2!
#918743 by tontybear
13 Mar 2016, 13:35
Eggtastico wrote:
tontybear wrote:You claim from the operating carrier.


Is there anywhere you can point me to, to quote them on that?
I don't want them to tell me its the tour operators issue & the operator tell me its the carrier.
the tour operator did give us a £5 food voucher - but no telephone calls.

Carrier in this case was Enter Air.


This is the actual regulation. There are dozens of references to the operating carrier rather than the ticketing carrier. Article 6 refers to delay (BTW there is no mention of compensation in the regulation for delay but there is because of numerous court rulings)
#918749 by pjh
13 Mar 2016, 15:08
tontybear wrote:
Eggtastico wrote:
tontybear wrote:You claim from the operating carrier.


Is there anywhere you can point me to, to quote them on that?
I don't want them to tell me its the tour operators issue & the operator tell me its the carrier.
the tour operator did give us a £5 food voucher - but no telephone calls.

Carrier in this case was Enter Air.


This is the actual regulation. There are dozens of references to the operating carrier rather than the ticketing carrier. Article 6 refers to delay (BTW there is no mention of compensation in the regulation for delay but there is because of numerous court rulings)


True, but the Package Tour Regulations place the tour operator firmly responsible for all aspects of the contract, whether provided by themselves or third parties.
#918751 by Eggtastico
13 Mar 2016, 16:04
tontybear wrote:True, but the Package Tour Regulations place the tour operator firmly responsible for all aspects of the contract, whether provided by themselves or third parties.


I have emailed both. My contract is with Tour Operator. If Carrier can't get a working plane, then that is not my problem, as I my contract of purchase is not with the carrier. My E-Ticket does not have the Carrier logo, but the tour operator.
The tour operator pulled their own planes a few months ago & sub-leased it out.
With the amount in question - I will not let this go.
With the amount in question - I cannot see this being easy.
Enter Air sent me an automatic reply saying I would be compensated in 30 days - though I believe that when I see it!
#918758 by pjh
13 Mar 2016, 17:35
Eggtastico wrote:
tontybear wrote:True, but the Package Tour Regulations place the tour operator firmly responsible for all aspects of the contract, whether provided by themselves or third parties.


I have emailed both. My contract is with Tour Operator. If Carrier can't get a working plane, then that is not my problem, as I my contract of purchase is not with the carrier. My E-Ticket does not have the Carrier logo, but the tour operator.
The tour operator pulled their own planes a few months ago & sub-leased it out.
With the amount in question - I will not let this go.
With the amount in question - I cannot see this being easy.
Enter Air sent me an automatic reply saying I would be compensated in 30 days - though I believe that when I see it!


Keep us updated on how you get on...
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