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#755570 by robbiechops
17 Sep 2010, 21:52
Guys

You may recall that the BOS and SFO flights were delayed on 13th August (I was on the SFO flight which had gone tech)... I have just received a reply from VA - after 5 emails chasing and would welcome views/thoughts as to what I should do next or is it a give up situation... I have anonymised and mentions of crew or contacts....

Thank you for your emails. I would firstly like to apologise for the delay in response.

I was sorry to learn that your flight to San Francisco was delayed. We realise how frustrating it is for passengers when flights are delayed and will always try to keep delays to a minimum

Unfortunately, on this occasion there was a technical fault with the aircraft. As you will appreciate the safety of our passengers and crew are our top priority and the aircraft could not leave until the fault was rectified.

In line with EU regulations, if your flight is delayed we must let you know what your rights are and give you all the help we can while you are waiting. If you are delayed for more than five hours, you have the right to
cancel your flight and get a refund. In circumstances where this means
that your flight no longer serves any purpose, in relation to your original travel plans, we will offer a refund plus flights back to your first point
of departure. If your flight is part of a package holiday we will only be
able to refund the flight part of the package.

Compensation is only given for flight disruptions within our control. This is in line with EU regulations and does not include the following:-

• weather conditions
• air traffic decisions
• unforeseen flight safety shortcomings
• industrial disputes
• political instability
• security risks.

The technical fault did affect the safety of the aircraft and as such this delay would be considered as exceptional circumstances.

I would also like to advise you that on the 17 August 2010 The UK High Court ruled that claims brought by passengers for compensation for delayed flights under EC Regulation 261/2004 were to be suspended until the issue has been revisited by the European Court of Justice . In view of this situation we are not processing any compensation delay claims.

I do apologise that my reply could not have been more favourable and realise that this will be disappointing for you.

I hope that we can look forward to welcoming you on-board again soon when I am confident your trip will be trouble free and enjoyable.


Would welcome any views/thoughts, particularly interested to read the regulations are "under review" hadn't heard that one...
#755572 by tontybear
17 Sep 2010, 22:02
robbiechops wrote:
I would also like to advise you that on the 17 August 2010 The UK High Court ruled that claims brought by passengers for compensation for delayed flights under EC Regulation 261/2004 were to be suspended until the issue has been revisited by the European Court of Justice . In view of this situation we are not processing any compensation delay claims.



Yes this is correct, the case will look at the 'exception circumstances' and what it actually means and provide certainty for the airlines and their customers

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