Virgin Holidays - Delayed Flight

booyaka said:
But he got 600 per person already - so as other say unless he's paid more than that for the 14th night, how can the OP claim to be out of pocket overall?? You can't claim for something that you aren't owed regardless of who has already paid/compensated you.
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I'm aware he's got 600 compensation, I'm not sure he is claiming to be out of pocket overall.

You go to court when you are "out of pocket" or when you are owed a debt.....you can't really expect to claim in court when you are already in "profit"
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but that is the thing, is the 600 not for the flight?

you'd be getting that whether you were staying in a 20 a night Airbnb room or a 2000 a night suite - of course in those cases, if booked individually then it isn't down to the hotel or airbnb owner to compensate you (you'd perhaps have to chase your insurance provider for compensation), in this case though he's booked a complete package with Virgin... I don't see it is unreasonable for them to put him up for the number of nights he paid them for.

maybe there isn't anything he can do, perhaps legally speaking 600 is all he's entitled to, I'm just objecting to the idea that he should be happy because he's got something or is "in profit", it isn't unreasonable in this case for him to ask that they cover the cost of the additional day required to give him the 14 day holiday already paid for.

IMHO if they cover the cost of the full 14 days he originally booked rather than him now having to pay extra for the 14th day then he's still owed the 600 for the flight - that is compensation paid for the inconvenience of wasting a day of his life with a delayed flight irrespective of whatever else has been affected AFAIK.
 
Agree with op, compensation was for the flight only, not for the overall package

Would I bother claiming? Dunno , depends how much hassle it’s caused and what mood I’m in heh
 
Mr.E. said:
That's why you paid for insurance, pass it on to them.
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which has a knock on effect to him

whether or not he has insurance shouldn't really be relevant here, essentially claiming on insurance or dipping into savings is still accepting the cost himself rather than getting the company he paid for 14 days with to give him those 14 days
 
I believe if you have received the EU compensation then you are not entitled to more.

However, if the compensation doesn't cover your total out of pocket expenses, you could revert to the governing body.

I don't know who you would use for Virgin Atlantic but I know for BA it is CEDR (Which I might add, are fairly useless)

Our BA flight home from Ukraine was cancelled. We were at the back of the queue for re-scheduling and were looking at having to stay over an extra night. We had hotel and train tickets booked and I wasn't 100% BA would reimburse as once we were back at Heathrow, their responsibility ends?? I left my GF in the queue and went and bought Air Ukraine tickets - the lady acting for BA did say we would be reimbursed. We got home that night and although stressful and tiring wasn't too bad.

I went to BA and they agreed the compensation which was 400 Euros each. My out of pocket was £360 so quids in really. In fairness to BA they paid in a week or so.

I wasn't sure if we were entitled to both the compo and expenses so asked BA who only answered with auto responses. Asked CEDR who only replied with auto responses so I rang CEDR. After explaining to the lady what the EU compensation was and explaining nice and slowly what my question was she had to go ask someone. She came back to say as we'd had the compo we weren't entitled to CEDR intervention unless we were still out of pocket. Although surprised the lady I spoke to had no idea what the EU rules were I was happy to accept that we weren't entitled to both.

TL : DR you have compensation so I don't you're entitled to out of pocket expenses on top.



EDIT - I believe travel insurance will only kick in if you were delayed for like 24 hours or something. GF and I both had separate insurance and both insurers said we were not entitled to anything.
 
there were two in our booked party, but a total of 8 in the total linked booking party, 6 of which made the flight, just myself and the wife that were stuck in Gatwick for 24hrs waiting for the next flight.
 
The Eu mandated values are to cover reasonable costs in putting you back to a position as if you were not delayed.
Thats not just for direct costs but also lost enjoyment.
The fact you lost a day of your holiday was included in the compo.

If you were out of pocket above this level then you would have a claim.

Whilst the airlines hated this, it has saved them (and you) considerable time. As rather than what used to happen in that you needed to keep every reciept, be reasonable in what you incurred etc, you now quickly (unless its a budget carrier typically) receive a compensation level that should more than cover your loss.
 
I guess in my head its the fact the Virgin holidays, who i paid my money too don't seem to have bothered to do anything about it, they appear to have passed the buck to Virgin Atlantic.
 
Kenai said:
My understanding was that the EU implemented it expressly as compensation for inconvenience only and NOT with expectation that additional costs incurred are covered by the standard amount. These additional costs should be pursued separately and the OP is correct in his attempts to recover the cost incurred to actually have a 14 day vacation.
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Fair enough, if that's the case I stand corrected, seems a bit of an anomaly compared to the UK compensation system related to contracts which are designed compensate parties to the point that they're back to the position they would have been in.

Thinking about it actually the current train delay system is similar in its nature.
 
FortuitousFluke said:
Fair enough, if that's the case I stand corrected, seems a bit of an anomaly compared to the UK compensation system related to contracts which are designed compensate parties to the point that they're back to the position they would have been in.

Thinking about it actually the current train delay system is similar in its nature.
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I think it's mostly designed as a deterrent to the flight operators really, if a whole plane load of people can claim €600 each with no quibbling, that's a huge amount to fork out every delay.
 
I knew I had seen it somewhere but didnt want to comment till i could find it.

"In terms of package holidays, if the delay results in a significant change to your holiday then the tour operator must offer an alternative if they can, or a refund.

Where the flight is delayed and it isn’t clear whether a significant change will result, the tour operator doesn’t have to offer an alternative or a refund – until they’re constrained or forced to make a significant change. This would happen when there‘s no prospect that the delay will only lead to a minor change. A significant change is generally taken to be 12 hours on a 14-night holiday."

Did they offer to cancel or anything or just say its delayed?

https://abta.com/holiday-help-and-c...ayed-will-i-get-compensation-from-the-airline
 
"must offer an alternative" - in this case an extra night to bring it up to the 14 days he originally wanted was available, reading the above it seems pretty reasonable that the package holiday provider should fork out for that.
 
Well only the OP knows what they said at the time
It doesn't say must offer an acceptable alternative, just an alternative
It may well have been impossible for the person dealing with this at the time to get an extra night, who knows

He can certainly complain to virgin holidays that they offered him no alternative if they indeed didnt. You would have hoped they would have done this.
I guess extending the holiday is unusual, most people probably wouldn't want this, especially if they were part of a party of eight and only two would stay on?
It wouldn't be my assumption at the check in desk that someone would want an extra night tacked to the end in that scenario.

I have had my own tale of woe with Virgin holidays. Some time ago, i think about 7 years now we were going to St Lucia, the week before they had a very bad hurricane which destroyed the only road that crosses the middle of the island, we needed to use that road to get from the South East to the North West. In order to get round this they hired a private large catamaran to take the people that needed this route from the nearest marina to the airport to a marina close to our eventual resort.
Which would have been fine, apart from I can be violently ill on boats, extreme sea sickness. They refused to allow the holiday to be rebooked, it was use it or lose it basically. In the end after much soul searching we went, I wasn't super ill, but did ruin the first night of my holiday. Luckily when coming back they had managed to get the "road" open again. It was in parts a muddy track but it was the part I was most worried about, having a sea journey just before the flight.

My boss (now ex) had a virgin holiday, bizarrly also St Lucia. he turned up to the airport in the UK a day late. They were superb with him, got him on the next flight, didn't charge him a penny.

Just one of them things I guess, they take a line on what they think is reasonable and are hard to shift from that position.
 
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