VS7 on Sunday 15th Feb - UK 261/2004 regulation questions

[mitchja]

I was on this flight heading to SFO via LAX. The aircraft was G-VTEA (A350). Whilst we pushed back on time as we taxied the captain informed us that we would have to go back to the stand as one of the spoilers was inoperable. He mentioned that whilst we could still fly with one of the spoilers not working, we would require more fuel to do so.

We pulled onto a remote stand and the engineering teams got to work first trying to fix the spoiler issue. This couldn't be fixed so we did indeed then take on more fuel.

This was eating into my 1hr 55min connection I had at LAX for my connecting flight. The VS app automatically re-booked me on a later DL flight, however, it was only in Comfort+ and not Upper Class/First as per my original booking (which was all on the same booking/ticket number so fully protected) so I rang VS whilst still on the ground at LHR to see what other options were available. The agent said there was no availability showing on either of the 2 later Dl flights to SFO. The agent then found a later United flight in First Class with a new arrival time into SFO some 5hrs later than originally scheduled. This was only then re-ticketed though after we finally departed to LAX as apparently the system won't re-ticket until the flight commences.

Once the flight was ticketed, I was able to OLCI for that flight using United.

Good job I was collecting my luggage at LAX and now instead of re-checking the already tagged bag onto the next DL flight, I kept my bag and headed to UA check-in once I arrived at LAX. Be interesting to see what would have happened if I had been connecting through ATL which is currently offering this new full none stop thru-checked luggage system trial for VS and DL?

Whilst I've already submitted my UK 261-2004 claim to VS - which I cannot see them being able to wiggle out of, I have a couple of questions.

1) Can I still claim for the original now missed Delta points + tier points as this was a full revenue flight booking?

2) Claiming expenses - Do you think I'm being unreasonable to claim for the cost of the onboard WiFi as I needed that to get my new email confirmation. Also flying Untied meant I got no lounge access at LAX. I was able to pay $59 to enter the United lounge at LAX which was much needed as all Untied flights to SFO were >2hrs delayed to due weather issues at SFO. Again do you think I'm being unreasonable to claim that cost back from VS as well?

It was a nightmare trip with these delays etc. My original arrival time into SFO was supposed to be 17:58. The rebooked arrival time was then supposed to be 23:04. I actually arrived in SFO at 01:27 the next day. Finally got to hotel around 02:20

Serves me right for not taking the direct VS flight to SFO and wanted a few more points + tier points for the same money (this connecting flight itinerary was the same price as flying direct) LOL

[mitchja]

I’ve answered my first question myself as after speaking to an amazing Flying Club agent this morning on phone to Flying Club Gold, he absolutely confirmed I still can claim for the LAX>SFO flight leg though he would and did submit a manual flight claim to FC support whilst on the phone to him.

You’ll be pleased to know it’s currently chucking it down with rain here in San Francisco and pretty much has done since I got here, though I’m flying to Palm Springs today which looks much better.

You’re not being unreasonable at all here. I’d claim for all things mentioned.

As an aside, I thought you’d want less fuel with an inop spoiler so messaged a 350 bod over on the dark side… their reply below.

“As the spoiler is inoperative, it isn’t hydraulically powered, so you have to account for the possibility that, due to aerodynamic centre of pressure, it lifts, creating extra drag….burning more fuel….potentially for 10+ hours”

Did your original rebooked DL flight get you in within the 3 hours of the original landing time? If it did and you chose to move to a later flight, I don’t think you’ll be due compensation.

[mitchja]

No, the Delta flight it tried to switch me to first was due to depart 21:35 which was actually slightly later then the scheduled departure time (21:29) of the UA flight I ended up on.

My UA flight actually departed 23:50 but leaving weather out of the equation, I was still scheduled to arrive SFO >5hrs later than originally scheduled.

Originally booking should have been scheduled to arrive 17:58.
The UA flight VS put me on was scheduled to arrive 23:04.
The first DL flight the VS app moved me to was also scheduled to arrive 23:04.

[mitchja]

Just woken up here this morning to find an email from VS EU claims confirming they have accepted my claim for £520.

You’ll be pleased to know it’s currently chucking it down with rain here in San Francisco and pretty much has done since I got here, though I’m flying to Palm Springs today which looks much better.

Hope your weather did improve but the weather in PS doesn’t really improve until the weekend. Only good outcome of rain is that the Mountain, via Tramway has finally had some snow up there. Friend of mine went last week only to find they walked around up there is shorts.

[mitchja]

Thanks. It was raining and very gusty first thing this morning, however, the sun is out now and it’s warming up nicely

It was a very bumpy rollercoaster ride flying into PSP yesterday as well. More so than usual!

(I mean it’s not warm on the Palm Springs scale as it’s still only 13’C, but it’s perfect weather for me)

[mitchja]

Well, this morning another email received from VS denying my expenses claim so I’m pushing back politely but firmly on that one.

Well, this morning another email received from VS denying my expenses claim so I’m pushing back politely but firmly on that one.

I had that with easyJet about 8 years ago. Whilst the standard EU261 claim for the delay was accepted and paid (it was a 24hr delay in the end), the expenses were initially rejected. A firm response explaining where and why those expenses were incurred whilst also quoting the relevant legislation got that overturned to being accepted by a different agent, but it conveniently took them longer to process and repay me that than the standard EU261 claim.

I wonder how well known it is that expenses incurred as a result of the delay beyond standard issue hotels (if a lengthy delay) and food vouchers (if you get one for the airport) can be claimed for. I do think airlines sometimes try and invent reasons not to pay out in the hope most people give up at the first setback they encounter.

Re Easyjet experiences when flights are cancelled. Some years ago we were due to leave Basel for MAN and received a text five hours before departure saying it was cancelled, so we headed straight to the airport to find an alternative flight but staff told us non were leaving anytime soon for MAN but there was one leaving Geneva that day. So we didn't drop our rental car at Basel as arranged but headed into Switzerland. Not thinking, we drove to the wrong terminal to drop the car and were told there was a hefty charge for dropping it off in Switzerland not France but if we drove 10 mins around the corner we would be in France and would just need to talk nicely to the staff there. It worked a treat.

The ending to this story was we actually arrived in MAN 30 mins earlier than our original flight would have landed. I put in a claim for the Basel cancelled flights, extra petrol and Swiss Vignette charge - all paid in full within a month or so. Thanks Easyjet !

[mitchja]

VS have come back with an offer of just £12 for my expenses. No - next step ADR.

[mitchja]

Well that was easy - submitted a claim via ADR this morning. VS have already accepted it and now agreed to pay my expenses claim in full

I just claimed for the cost of the on-board WiFi as I needed to contact the hotel I was staying at to keep my hotel room available to me plus the United lounge access fee during my initial 5 hour delay: which actually ended up being almost a 7 hour delay, nothing more.

Why the heck they couldn't just agree in the first place??

It shows it pays to be persistent.

My bank account now also shows a pending incoming payment from VS for that actual delay £520 settlement so that took a week to receive.

The only thing I've still not got so far is any FC credit for the LAX>SFO rebooked flight leg.

A couple of years ago VS changed our flight home from TPA to MCO with delay of 2 days. (hurricane in TPA)

For safety we drove to MCO and booked a hotel there instead of staying in TPA and weathering the storm.

VS paid the extra hotel nights and food, but denied the extra 2 days hire car, and said we should have used public transport to travel from TPA to MCO which they would have covered.

I pointed out to them that the cost and time of public transport (a large taxi was the only option as there were 4 of us with 8 bags) was twice the cost of the extra 2 days hire car. There would have been a claim for transport to the airport. I showed I had saved them nearly $300 by keeping the hire car.

They agreed and paid up immediately.

The moral is always challenge them for the extra expenses, show you were reasonable and only incurred what was necessary, and you may get knock back first time, but keep plugging away at them.

[mitchja]

Just an update on this. Whilst the expenses claim has now been paid, I also got a boilerplate response from VS apologising saying that my claim should not have got to the ADR stage and the initial claim denials were an 'error'.

Sorry but once is an error, twice is showing their true colours.

I'm still fighting VS Flying Club for the original routing credit though. It seems no-one at VS understands the original routing credit concept