Should I bother taking this further?

Hi

Apologies for the long post but I’d be really grateful for opinion on how to proceed with what I think is a justified claim for compensation.

I booked a return journey to the West Coast (US) through Virgin; LHR to PDX via JFK outbound and PDX to LHR via LAX on the return. “VS” codes for all legs although the two domestic flights were with Delta.

Outbound went fine.

On the return, PDX to LAX was cancelled after I checked in at the airport. Reason given was over running maintenance work. There’s a whole sub story here but I was eventually rebooked on a flight leaving 5.5 hours later which would take me from PDX to MSP and then to LHR. No compensation offered or food voucher (I did ask for a food voucher).

Eventually got to MSP and the LHR flight was delayed on its inbound journey. Then, when it arrived, it was delayed further for a maintenance issue. Then it was cancelled. Grrr. I was rebooked on a flight leaving 14 hours later to DTW to get a connecting flight to LHR. I did get food vouchers this time, but it was 01:00 and nowhere was open. There were no hotels available due to a convention so had the joy of a less than comfortable night in the airport.

The DTW and LHR flights then went OK, but I lost a day at work and I’m still waiting for the mobile phone bill for the international calls to work and car service (to rearrange pick up for each cancelled flight). My original return journey (from LAX) was booked in Premium but Delta would only offer economy on the rebooked flights.

And of course when I finally landed at LHR my luggage had been “lost”. Great!

As my booking was with Virgin I thought the EU regulations would apply, so I wrote to them. They’ve just responded and basically said too bad, if I want compensation I need to speak with Delta. I’ve checked the Delta website and they state that if the cancelled flight was booked through another airline, I need to contact that airline. I’ve found a Delta compensation document (for cancelled flights booked through them), but it only refers to compensation for flights leaving the EU, not entering.

Am I wasting my time even writing to them? Should I just suck it up and file it away as an "experience"?

What would you do?

Not 100% sure where my first reply on this went, but its vanished in to the interweb somewhere!!!
I would not let this rest. I am no expert on these things but there are people that are on here so I not 100% sure the EU ruling would stand just as it was booked via VS, I would be getting on to both Delta and VS, by telephone in the first instance, but before you do try to get some names, Execs or similar.
You should know the VS name by looking around here that seems to work. When you do dial ask for the shift supervisor, do not take the first person that answers the phone and get their name and direct number.
Explain to them that while you understand these things happen, the amount of issues plus the downgrade from PE to EC is not acceptable and compensation is due.
As partner airlines they need to work out who is going to offer you compensation, if not both
If your first attempts are not great before you go explain that you are now going to contact the names you got directly and that you will be using the names you have been supplied on today's call.
After them tiger....

Oh dear, what a cock up. Sorry you had to endure that.

From a legal point of view, unfortunately I can't see how you'd qualify under EU261/2004, either for the delay or for the involuntary downgrade, as for inbound flights that only applies if you're flying on an EU-based airline. And even though you booked on VS, you ultimately chose to fly with DL (even if you didn't want to).

And as there's no EU261/2004 equivalent in the US, US-based airlines have no statutory obligation to compensate for delays or even provide refreshments.

Although you booked with VS, the delay to your journey was totally out of their control as it was caused by another, non EU-based airline.

So it probably comes down to appealing to the good nature of the airlines. The delay was clearly DL's fault, and I'd be tempted to pursue it further with them. Try and find a named senior executive to complain to rather than going via customer services.

Your contract is with Virgin - they took your money. That someone else supplied the service is of no consequence.

VS have to abide by EU regs, so it really is simple - Virgin have to compensate you.

Your frustration is understandable. It is certainly worth pursuing, assuming that you still have the inclination after a good nights sleep.
Airlines do read and try to deal with complaints, they have big departments doing nothing else. However it is no good just moaning, explain your grievances and importantly what you need (financial or additional miles) to settle the matter.
Had a similar experience with BA and they stonewalled until I suggested a solution, they probably thought I has after a full refund of my holiday, though I only wanted compensating for the additional expenses incurred.
Nothing lost in making a reasoned approach .

Thanks for the responses all. Some mixed responses but i'ts good to read people's opinions.

I do feel I was severely inconvenienced and as Daviesc1 says, my "contract" was with Virgin, which is why I went to them in the first instance; until the flights I had no dealings with Delta at all.

Hazban; I actually stated in my communication to Virgin that I would be happy to accept airmiles in lieu of financial compensation. I fly VS at least 3-4 times a year (Ag status), so additional miles that could go towards an upgrade would actually be well received.

This all happened a month ago but VS has only just responded to my email. I will do a bit more research and see if I can find anything regarding compensation when flights are booked through a partner airline, then draft a response over the weekend and send to both them and Delta.

I'm happy to read any more comments or suggestions!

I have to agree with gumshoe here. I think the fact that it was a non-EU airline NOT flying out of an EU airport means the EU regs do not apply whether you paid via VS or not (no offense daviec1, but I think VS just become an Agent).
I have just done a very quick google search on my own hunch and the above looks to be correct.
However, as others have said. Do contact them again, your hard time should be compensated.
Good luck

Yes, do take it further. This article just out might give you some hope:

http://online.wsj.com/articles/the-art- ... 1404947542

NYLON

Unfortunately no, EU regs do not apply in this case. VS acted as an agent and we're not the operator of the flight.

That being said you should pursue for some form of compensation. I find dealing with call centres a real pain in the back end, no one has the authority to do anything. Their role is to fob off in the hope you give up.

Email both

Delta CEO
[email protected]

Virgin CEO
[email protected]

Explain your chain of events and how you feel they can gain a positive outcome. Be polite but firm. All CEO email addresses publicly available at www.ceoemail.com

Your contract is with Virgin - they took your money. That someone else supplied the service is of no consequence.

VS have to abide by EU regs, so it really is simple - Virgin have to compensate you.

I'm not sure I agree I'm afraid.

If you'd booked with Expedia, would you claim compensation from them if you were delayed? No, you'd claim from the airline. Expedia are merely an agent, as were VS when they sold a ticket for another, foreign, airline that isn't covered by EU regs.

Surely VS can't be held responsible for another airline's failings. Yes they have to comply with EU regs, but they only apply to inbound flights on EU-based airlines and the OP chose not to fly with one.

The delay was down to DL in the US so it's the rules governing them that apply. Unfortunately I'm not sure there are any so they're not obliged to compensate. Which isn't to say the OP shouldn't complain - they definitely should.

An interesting thread, sorry to read of your experiences MsBBD. I've just had another glance the the EU regs and earlier comments are right about not being eligible as Delta isn't an EU based airline. However you may have some leverage in that if the flight codes were VS codes then that's a code share, maybe that is treated differently to booking through VS specifically for DL flights, maybe the fact it's a code share means VS is more than just an agent in this situation. I don't know, but it's an avenue to pursue. Either way, don't give, play both companies off against the other if necessary, and keep reminding them of their business relationship and the inconvenience you suffered and one or both of them needs to sort it rather than ignore it.

Someone else has suggested this, but be very clear about what you want to happen, and list a schedule of your losses including mobile phone charges and even a days pay at work.

I'd also check out this website http://www.air-passenger-rights.co.uk/c ... solicitor/ It might be worthwhile contacting him for advice - this could be another technicality in the regulations that needs clarification.

Best of luck and do keep us informed.

Loathe as I am to link to the "other" forum, in this case it is quite helpful.

See Post 6, Q3 & 5. To me it seems to clarify that the OP wouldn't be covered by EU261/2004 either for their US connecting flight or for their DL flight to LHR.

http://www.flyertalk.com/forum/british- ... 004-a.html

Had a similar problem with flight booked with BA but operated by AA. Eventually after much complaining I got a $400 voucher from AA as a gesture of goodwill

Email both

Delta CEO
[email protected]

Virgin CEO
[email protected]

Explain your chain of events and how you feel they can gain a positive outcome. Be polite but firm. All CEO email addresses publicly available at http://www.ceoemail.com

Agree with this advice. Playing ping-pong with customer service agents is frustrating and time consuming. Go straight to the top- they will pass it on to someone with authority to actually do something.

Thanks everyone.

I've sent an email to both the Virgin and Delta CEO accounts.

I'll update you when/if I get any responses!

Virgin took your money, they are responsible to make you happy. I have a couple of horror stories over the years, but NOTHING close to what you went through. You definitely deserve compensation. I hope previous posters have given you specific names to contact and other information you need. Before you do, decide exactly what you want as compensation. For example, not just "airmiles" but a specific number of miles, maybe equal to half a free ticket on the same itinerary. Or a specific dollar amount voucher. My experience with hotels is that the hotel people can't/won't figure out what to give me for my displeasure, I have to tell them what I want. I've never had to go after an airline, I hope it works out well for you.

My experience with sending communication to CEOs is that is does still get passed down the food chain - BUT it's done quickly and you do get a favourable answer. Good luck, please let us know how you get on. One of the airlines needs to take responsibility, they can't both wash their hands of this!

Virgin took your money, they are responsible to make you happy.

Not so I'm afraid, as far as the DL flights are concerned.

VS just act as a travel agent when you book a flight on another airline through them. In the event of delays they are no more responsible than Expedia, Opodo or your local travel agent would be if you'd booked through them. Your claim is with the airline that caused the delay.

So as far as I can see, this is very much DL's problem. The trouble is, US-based airlines are under no statutory obligation to compensate for delays or cancellations like EU-based ones are. So any compensation in this case would be at the discretion of DL who, hopefully, appreciate the need to keep their customers happy.

That said an email to VS wouldn't go amiss and the OP's done the right thing by contacting both CEOs.

Hi

I just wanted to update you with the outcome following this incident. I emailed both Virgin and Delta as suggested. Virgin said that Delta would need to respond as the issues were with their aircraft.

It took a few week but Delta finally responded. It was very much a standard apology but they acknowledged the excessive number of issues I faced, and have credited my Flying Club account with 15,000 miles which I'll put towards an upgrade at some point. Hoping for a Thanksgiving trip to NY so they'll come in handy.

Really pleased to read you finally got somewhere with your emails, but what a shame it took a lot of effort and stress.

That's great that you managed to get some compensation that will be of use to you. Good luck with finding some Gs

Result! Good news thanks for updating us.

thats brilliant. 15,000 miles is not too bad.
and good luck with your search for the Gs

What a bummer! Although US airlines mantra is, "We promise we'll get you there--but we don't promise when.." they are usually very good about major delays etc. as there ARE in fact US laws http://travelsort.com/blog/airline-passenger-bill-of-rights-what-are-flyers-rights on air travel delays. When it is the airline's fault (an not weather etc.) and the delay is substantial, you should have received vouchers for hotel/food at the very least and quite often the offer of a RT ticket "anywhere in the continental US" good for a year or a cash outlay. You could also request a refund of your original ticket as in the end, you were also downgraded and paid for a seat you did not receive. This articlehttp://nypost.com/2014/05/15/how-to-get-compensated-big-for-irritating-flight-delays/ ran in the NY Post this year,, may be of some help.

Thanks Roadrunner. If I'd seen those links before I might have pushed for better compensation, but I'm satisfied with the offer of airmiles (already credited to my account).