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#17339 by David
19 Jan 2007, 14:33
As you may know, our flight was delayed around 26 hours. I am happy with the way Virgin dealt with us, although at times their communication could have been better.

Upper Class were offered 50,000 miles as well as meals, overnight accomodation etc which I thought was pretty fair.

However, there was a few "vocal" passengers and one "shop steward" in particular (no offence to shop stewards) who took it upon herself to notify everyone in the line that as it was over 24 hours, we were entitled to a full refund and up to 600 euros.

Although I have doubts about this - why would they need to give you a full refund when the first half of your journey was ok - does anyone know what the real story is. I have tried to google this but it looks like there are so many ifs and buts.

many thanks

David

(just for my info only ... you understand :))
#155906 by mitchja
19 Jan 2007, 14:43
The full EU paper regarding delayed/cancelled flights is here (PDF file)

She was right about the Û600 but not about the refund as well (I think), although when weather is involved it get's into a very grey area.

Regards
#155911 by Decker
19 Jan 2007, 14:56
http://europa.eu.int/eur-lex/pri/en/oj/ ... 010007.pdf

Found using ther wonderful new Google Search feature at the top right.

"provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
Ñ a return flight to the first point of departure, at the
earliest opportunity;"
#155932 by Claire L
19 Jan 2007, 17:40
Not even sure she was right about the 600 Euros as technically the flight was delayed it was not cancelled and there was no 'denied boarding'. From reading the EU Regulation 261/2004 I am sure that a delay over a certain number of hours, 24 more than covers it, only warrants meals, telephone calls or similar and accommodation, as you then claim any compensation from your own travel insurance. EU regs for delays.

Claire ;)
#155967 by David
19 Jan 2007, 20:12
[?] All very confusing [?]

The flight was delayed, but they changed the flight number, so was it cancelled as well .......

David[?]
#155982 by Claire L
19 Jan 2007, 21:25
I think the only reason the flight number was changed was to save confusion with the flight of the same number the follwoing day. I would say it wasn't technically cancelled as no-one was moved onto another flight ie the VS028 if it had been departing the same day or even another carrier. It is all down to how things are worded at the end of the day as to what compensation comes into play. Would be interesting to get a definitive answer though for future reference.

Claire ;)
#156001 by 2Tinks
20 Jan 2007, 01:59
It's 2 years since our experience of big delays, so i'm sure the cash compo is different now, but we had to claim off our travel insurance. We received a '50% off future flights' goodwill letter from Virgin. We were delayed over 24 hours each way, so we got 2 x 50% off letters, which they allowed us to combine for a free trip (in the class we originally flew in). Those that were complaining they wouldn't book a flight only with VA were able to swap for a VH voucher (I think for £200).
#156048 by Lipstick
20 Jan 2007, 18:01
This flight was delayed. If it was delayed until the next day the flight number normally changes to something like 1xxx eg VS145 or VS128 so not to confuse passengers and airport staff.

If the flight was canx you'd be rebooked onto another service or re-routed - but this hasn't happened as the flight is still operating, albeit a good 24hours later.

If it was say weather related, then unfortunately no EU airlin is entitled to do anything and you have to claim off your own insurance, but most will offer you meals/hotels etc.

VS normally offer the £250 voucher as good will although i have known for a free flight to be given in a couple of especially awful situations.

It jsut all depends! And that's why the EU compensation is such a grey and mis-understood area as the shop steward proved!
#156054 by David
20 Jan 2007, 18:24
Originally posted by Lipstick
And that's why the EU compensation is such a grey and mis-understood area as the shop steward proved!


:D lol

David

(you had to be there ;))
#156132 by RichardMannion
21 Jan 2007, 13:34
The Û600 is in relation to IDB for flights over 3500km, not for delays. For delays, various time triggers are in place:

1. When an operating air carrier reasonably expects a flight
to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1 500 kilometres
or less; or
(b) for three hours or more in the case of all intra-Community
flights of more than 1 500 kilometres and of all other
flights between 1 500 and 3 500 kilometres; or
(c) for four hours or more in the case of all flights not falling
under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least
the day after the time of departure previously announced,
the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified
in Article 8(1)(a).

of which you become entitled to:
Article 9
Right to care
1. Where reference is made to this Article, passengers shall
be offered free of charge:
(a) meals and refreshments in a reasonable relation to the
waiting time;
(b) hotel accommodation in cases
Ñ where a stay of one or more nights becomes necessary,
or
Ñ where a stay additional to that intended by the
passenger becomes necessary;
(c) transport between the airport and place of accommodation
(hotel or other).
2. In addition, passengers shall be offered free of charge two
telephone calls, telex or fax messages, or e-mails.

After a delay of five hours, the following option becomes available:

1. Where reference is made to this Article, passengers shall
be offered the choice between:
(a) Ñ reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
Ñ a return flight to the first point of departure, at the
earliest opportunity;

But then you are somewhat stranded, as you now need to book a flight home if you are already at the destination and you should really be buyign a one-way which are not cheap as they are full Y, W or J sectors.

So miles are good! :)

Thanks,
Richard
Virgin Atlantic

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