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Virgin Atlantic flight delay. Can I claim?

Manchester, United...
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Virgin Atlantic flight delay. Can I claim?

Hi

I went to Florida with my family quite a few years ago (2007).

We were severely delayed 8 hours for our outward journey from MAN to ORL.

I believe you can claim back to 2005 but I'm unsure of my exact travel dates and flight number.

We were told the plane that was due to take us had been hit by lightning and that a new plane would have to be sent from London which caused the delay. Does this count?

Can anyone point me in the right direction? May have old passport with the USA visa stamp for the date but won't know the flight number.

Think it's worth a try.

uk
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31. Re: Virgin Atlantic flight delay. Can I claim?

" Secondly I am new to these forums and cannot believe the sarcasm that drips from some of these comments. "I hope your claim fails" what's all that about!"

That's a bit rich, some of the regulars on Martin Lewis website money forums are not just sarcastic but downright rude, patriomising and judgmental !

Legalbegals much better website for help!

Deb

Watford, United...
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32. Re: Virgin Atlantic flight delay. Can I claim?

I think the OP did read the site but stopped after 'you may be able to claim compensation', ignored or didn't bother to read the explanation on extraordinary circumstances and ran over here to ask if there was a possibility to trouser some dough ray me.

London, UK
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33. Re: Virgin Atlantic flight delay. Can I claim?

The reason people are sounding judgmental is because you're clearly just after some cash. Being delayed by 8 hours on your way to Orlando would have been very frustrating, disappointing and boring and we can all appreciate that, but it happened 6 or 7 years ago. Surely it was all long forgotten about, until you heard or read about being able to claim compensation? And flashing pound signs apart, there are broader issues here which some of us have thought about. If everyone who suffered a flight delay was entitled to compensation from the airline, what do you think might happen to ticket prices?

London, United...
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34. Re: Virgin Atlantic flight delay. Can I claim?

>>I think the OP did read the site but stopped after 'you may be able to claim compensation', ignored or didn't bother to read the explanation on extraordinary circumstances and ran over here to ask if there was a possibility to trouser some dough ray me.<<

+1 . If the op had read the article she would clearly know she had no claim. There is no way any remotely intelligent human being would think a lightening strike would be any airlines fault. That's even assuming one can't count how many years from 2007 to 2014.

Kabul, Afghanistan
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35. Re: Virgin Atlantic flight delay. Can I claim?

"If everyone who suffered a flight delay was entitled to compensation from the airline, what do you think might happen to ticket prices?"

They would increase by a couple of dollars, most likely. At least that was the technical assessment of the European Commission. And I think it is Ryanair would already add a "261/04 levy" to ticket prices to recover the full cost. It's about two euros or something.

Kabul, Afghanistan
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36. Re: Virgin Atlantic flight delay. Can I claim?

"+1 . If the op had read the article she would clearly know she had no claim. There is no way any remotely intelligent human being would think a lightening strike would be any airlines fault. That's even assuming one can't count how many years from 2007 to 2014."

I can't account for the OPs maths, but on a matter of the broader law you are wrong if you think compensation can never be paid for a lightening strike.

Because although a lightening strike is obviously a meteorological condition that affects the operation of a flight, and could therefore be determined as an "extraordinary circumstance", there is a second limb to the so-called "Wallentin test". It's paras 38-43 of the judgement, but the key part is as follows:

"It follows that, since not all extraordinary circumstances confer exemption, the onus is on the party seeking to rely on them to establish, in addition, that they could not on any view have been avoided by measures appropriate to the situation, that is to say by measures which, at the time those extraordinary circumstances arise, meet, inter alia, conditions which are technically and economically viable for the air carrier concerned.

That party must establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able – unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time – to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation [and, post-Sturgeon, three hour delay] of the flight."

So even if the delay is caused by something "extraordinary" the airline is obliged to use all of its resources to minimise the delay. If they fail to do that, compensation is payable.

Manchester, United...
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37. Re: Virgin Atlantic flight delay. Can I claim?

People! Take a chill pill :o

Not that bothered to be honest.

Geez these forums are so serious.

Think happy thoughts and don't worry about me. I really don't need the money. Its that Martin Lewis' fault. He made me think it.

And yes it was a nightmare with 2 young children throwing up on the flight due to over-tiredness but hey, we got over it.

This forum seems like a place people like to have a rant which is fine. Just don't do it at my expense.

Over and out :)

38. Re: Virgin Atlantic flight delay. Can I claim?

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