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EUROPEAN UNION'S REGULATION (EC) NO 261/2004
We want to assure you that in the event of a disruption to your flight schedule, we will be taking steps to minimise the inconvenience to you and make any waiting time as comfortable as possible. All our actions meet the requirements of the European Union’s Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. If your flight is delayed:
To cancel your booking and receive a refund of your unused ticket, and for the part of the journey already made if the delay means your flight no longer serves any purpose in relation to your original travel plans. Where relevant if you have already completed one or more segments of your flight we will also offer you a return flight to your first point of departure at the earliest opportunity. Inclusive/package tour passengers should be aware that a refund would only relate to the airfare portion of the package and not the whole cost of the holiday. Your Tour operator should be contacted for further advice before you cancel your booking.
The care detailed above may be limited or declined if the provision of refreshments, meals and hotel accommodation would itself cause further delay. If your flight is cancelled: You have the choice
If your flight is cancelled without prior notification to yourself and you have commenced your journey to the airport we will provide you, whilst awaiting a later flight, with meals and refreshments in reasonable relation to the waiting time, plus 2 short telephone calls, or telex, or fax, or e-mail messages. If your new flight departure involves an overnight wait, we will offer hotel accommodation and transport to and from the hotel. (This provision will not apply if you have chosen to take an alternative Virgin Atlantic flight at a later date) If we cancel your flight within 2 weeks of your departure date we may offer compensation in the sum of 600 Euros. This depends upon the reason for the cancellation and the arrival time of your new flight. Compensation will not be offered if the cause of the cancellation is beyond the control of Virgin Atlantic, or for cancellations which could not have been avoided even if all reasonable measures had been taken. This includes, the impact of weather conditions or air traffic management decisions, national disasters, technical faults with the aircraft that may affect its safety, industrial disputes, political instability and security risks. Neither will compensation, or other assistance e.g meals, refreshments or hotel accommodation etc be offered if we advised passengers or their travel agents and tour operators at least 2 weeks before departure date. Where compensation is applicable the amount will be reduced by 50% if your new flight is scheduled to arrive within 4 hours of your original arrival time. Any applicable compensation or other assistance will not apply if you have chosen to take a refund of your unused ticket or an alternative Virgin Atlantic flight at a later date. If you are denied boarding due to a shortage of seats on your flight: Virgin Atlantic operates a 'Voluntary' denied boarding scheme entitled 'Virgin Select' this scheme offers our passengers the opportunity surrender their seats and receive a refund of their unused ticket or fly on a later Virgin Atlantic flight in exchange for a complimentary or discounted flight or Virgin Holiday at a future date. Passengers volunteering and accepted for the 'Virgin Select' scheme will also receive meals, refreshments and overnight accommodation depending upon the length of the waiting time. (Further details of the Virgin Select scheme can be obtained from member of our airport staff) In the unlikely event that we have to deny boarding on an 'involuntary basis' You have the right
These provisions and services will only apply on the condition that passengers have a confirmed reservation on the flight concerned and have presented themselves at check in at least 60 minutes prior to the scheduled departure time of their flight. These provisions and services do not apply to passengers travelling free of charge, or at a reduced fare not available directly or indirectly to the public. However it does apply to passengers having tickets issued under a frequent flyer programme. If you are denied boarding for justifiable reasons such as health, safety, security or inadequate travel documentation we will be under no obligation to provide care, assistance, compensation, ticket refunds or alternative travel arrangements. General Advice: If you are dissatisfied with the assistance you were offered during your flight disruption and wish to contact the body responsible for the enforcement of the EC regulation please contact the Civil Aviation Authority Complaints Civil Aviation Authority Room K401, CAA House 45-59 Kingsway London. WC2B 6TE UK www.caa.co.uk Tel: 0207 240 6061 Fax: 0207 240 7071 E mail passengercomplaints@caa.co.uk In addition our own Customer Relations department welcomes your comments or concerns: Virgin Atlantic Airways Ltd Customer Relations PO Box 747 Dunstable LU6 9AH E mail customer.relations@fly.virgin.com The above information provides a summary of the relevant EU legislation Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights: (EC) No 261/2004(OJ L46, 17.2.2004) Any legal claim or action taken in the event of a dispute should be based solely on the legal texts concerned. These may be found in the Official Journal of the European Union Passengers denied boarding departing from US airports: This notice is presented in accordance with the regulations of the US Department of Transportation 14CFR 250.9 Compensation for Denied Boarding If you have been denied a reserved seat on Virgin Atlantic flight departing from the US, you are probably entitled to monetary compensation. This notice explains the airlines obligations and the passengers rights in the case of an oversold flight and is in accordance with regulations of the US Department of Transportation. Volunteers and Boarding Priorities If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his or her will until we have first asked for volunteers to give up their reservation willingly, in exchange for compensation of the airlines choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily. In accordance with the following boarding priority of Virgin Atlantic.
If you are denied boarding involuntarily, you are entitled to a payment of 'denied boarding compensation' from the airline unless
International Transportation Passengers traveling from the United States to a foreign point who are denied boarding involuntarily from an oversold flight originating at a U.S. airport are entitled to:
Alternate Transportation
'Alternate transportation' is air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by the passenger in the case of denied boarding. Method of Payment Except as provided below, the airline must give each passenger who qualifies for involuntary denied boarding compensation a payment by cash or check for the amount specified above, on the day and at the place the involuntary denied boarding occurs. If the airline arranges alternate transportation for the passenger’s convenience that departs before the payment can be made, the payment shall be sent to the passenger within 24 hours. The air carrier may offer free or discounted transportation in place of the cash payment. In that event, the carrier must disclose all material restrictions on the use of the free or discounted transportation before the passenger decides whether to accept the transportation in lieu of a cash or check payment. The passenger may insist on the cash/check payment or refuse all compensation and bring private legal action. Passenger's Options Acceptance of the compensation may relieve Virgin Atlantic from any further liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner. |
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