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ARTICLE 9 SCHEDULES, DELAYS, CANCELLATIONS OF FLIGHTS, DENIED BOARDING

9.1 Schedules and EC Regulation 261/04

9.1.1 Departure and flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract of carriage with us.

9.1.2 Before we accept your booking, we will give notice of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will use our best endeavours to notify you of any such changes.

9.1.3 If, after purchase of your Ticket, we make a significant change to the scheduled flight time which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to an involuntary refund in accordance with Article 10.2 if you have acted reasonably.

9.1.4 For the purpose of the rights and benefits conferred by Articles 9.2 to 9.5, the minimum check-in deadline is 60 minutes before the scheduled departure time or, if longer, such other time period specified by us in advance of travel.

9.1.5 Pursuant to Regulation 261/2004, Articles 9.2, 9.3 and 9.4 give details of your rights (subject to applicable restrictions) in respect of delay, cancellation and denied boarding, when you are: (i) departing from an airport in the EU; or (ii) you are departing from an airport located in a country outside the EU on a flight operated by a Community carrier, and your destination airport is within the EU save that in this case Articles 9.2, 9.3 and 9.4 will not apply if you received benefits or compensation and were given assistance in that third country.

9.2 Delay

9.2.1 For operational reasons or unusual or unforeseen circumstances, delays may occur, but we will take all reasonably necessary measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and in order to prevent a flight cancellation, at our discretion we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft, but only in exceptional circumstances,

9.2.2 If we reasonably expect a flight to be delayed beyond its scheduled time of departure for four hours or more in circumstances where the flight is operated by us, where you hold a Confirmed Reservation for the flight, have met the applicable check-in deadline and are not precluded from boarding by reason of application of Articles 7.1 or 11.3 or for other reasonable grounds, you will be entitled to the benefits specified in Articles 9.2.1.1 to 9.2.1.3 unless you are travelling free of any charge or at a reduced fare not available directly or indirectly to the public. Travelling on a flight pursuant to a frequent flyer programme or as part of a Package Holiday does not fall within the 'travelling free of any charge' exception just mentioned, except that the right to reimbursement in Article 9.2.1.2 will not apply where such right arises under the Package Travel Regulations.

9.2.1.1 you will be entitled to the assistance specified in Articles 9.5.1.1 and 9.5.1.4, except to the extent that we reasonably expect that provision of such assistance would cause further delay; and

9.2.1.2 where the delay is five hours or more, we will reimburse the fare paid for your ticket for the part of carriage not used or the whole amount paid if, as a result of the delay, the purpose of the carriage used no longer serves any purpose in relation to your original travel plans, and, if relevant, carry you to the first point of departure in your contract of carriage on the earliest flight with suitable space available; and

9.2.1.3 you will be entitled to the assistance specified in Articles 9.5.1.2 and 9.5.1.3 where the reasonably expected time of departure is at least the next day after the scheduled departure, except to the extent that we reasonably expect that provision of such assistance would cause further delay;

9.3 Cancellation

9.3.1 If we cancel your flight which was scheduled to be operated by us, in circumstances where you hold a Confirmed Reservation for the flight, have met the applicable check-in deadline (except where the cancellation takes place before that deadline), and are not precluded from boarding by reason of application of Articles 7.1 or 11.3 or for other reasonable grounds, you will be entitled to one or more of the benefits specified in Articles 9.3.1.1 to 9.3.1.4 unless you are travelling free of any charge or at a reduced fare not available directly or indirectly to the public or your Confirmed Reservation is part of a Package Holiday and such Package Holiday is cancelled for reasons other than cancellation of a flight. Travelling on a flight pursuant to a frequent flyer programme or as part of a Package Holiday does not fall within the 'travelling free of any charge' exception just mentioned, except that the right to reimbursement in Article 9.3.1.1(a) will not apply where such right arises under the Package Travel Regulations.

9.3.1.1 you may choose one of the following three available remedies;

9.3.1.1(a) Remedy One - we will reimburse the fare paid for your ticket for the part of carriage not used or the whole amount paid if, as a result of the cancellation, the carriage no longer serves any purpose in relation to your original travel plans, and, if relevant, carry you to the first point of departure in your contract of carriage on the earliest flight with suitable space available;

9.3.1.1(b) Remedy Two - we will re-route you on the earliest flight with suitable space available to your final destination airport (or to another airport serving the same town, city or region, in which event we will provide you with surface transport to your final destination airport);

9.3.1.1(c) Remedy Three - we will re-route you at a later date on a flight with suitable space available to your final destination airport (or to an another airport serving the same town, city or region, in which event we will provide you with surface transport to your final destination airport);

9.3.1.2 you will be entitled to the assistance specified in Articles 9.5.1.1 and 9.5.1.4 where the cancellation occurs after you have arrived at the airport or while you are travelling to the airport (whether by means of surface transportation or a connecting flight(s)), except to the extent that we reasonably expect that provision of such assistance would cause delay;

9.3.1.3 you will be entitled to the assistance specified in Articles 9.5.1.2 and 9.5.1.3 when, in the case of re-routing, the reasonably expected time of departure of the new flight is at least the next day after the scheduled departure date of the cancelled flight, except to the extent that we reasonably expect that provision of such assistance would cause delay;

9.3.1.4 we will pay you compensation, unless Article 9.3.2 applies, in the amount of 600 Euros, which will be reduced to 300 Euros if you choose re-routing pursuant to Articles 9.3.1.1(b) or 9.3.1.1(c) and such re-routing results in a scheduled time of arrival at your final destination which is no more than fours hour later than the scheduled time of arrival of the flight originally booked.

9.3.2 No compensation will payable to you pursuant to Article 9.3.1.4 if any of the following four provisions applies:

9.3.2.1 the cancellation of your flight was caused by extraordinary circumstances despite reasonable measures taken by us to avoid them (such circumstances may incur, for example (but without being limited to) in cases of political instability, weather conditions incompatible with operation of the aircraft, security risks, unexpected flight safety shortcomings, strikes which affect flight operations, and air traffic control or air traffic management decisions concerning one or more particular aircraft); or

9.3.2.2 you have been informed of the cancellation no less than two weeks before the scheduled time of departure; or

9.3.2.3 you have been informed of the cancellation between two weeks and seven days before the scheduled time of departure and offered re-routing which allows you to depart no more than two hours earlier than the scheduled time of the cancelled departure and to reach your final destination no less than four hours after the scheduled arrival time; or

9.3.2.4 you have been informed of the cancellation less than seven days before the scheduled time of departure and have been offered re-routing on a flight which allows you to depart no more than one hour earlier than the scheduled time of the cancelled departure and to reach your final destination no less than two hours after the scheduled arrival time.

9.3.3 If, as a result of cancellation, you are placed in a class lower than that for which your Ticket was purchased while you are being re-routed pursuant to Articles 9.3.1.1(b) or 9.3.1.1(c), you will be entitled to choose one of the following two remedies:

9.3.3.1 mutually agreed benefits pursuant to our voluntary downgrade scheme if you have been voluntarily downgraded; or

9.3.3.2 reimbursement to be paid to the party who purchased the ticket, subject to proof of payment and identity of the purchaser, of 75% of the fare applicable to the flight if you have been involuntarily downgraded.

9.3.4 If we fail to stop at your destination or Stopover destination, or cause you to miss a Connecting Flight because of events which are within our reasonable control which cause an in-flight delay, diversion or otherwise in circumstances where you hold a Confirmed Reservation for that flight and more than adequate time existed to make the connection between the originally scheduled time of arrival of your flight at the airport and the departure time of the Connecting Flight at the same airport, we shall, at your option, either:

9.3.4.1 carry you and your Baggage at the earliest opportunity on another of our flights on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or

9.3.4.2 within a reasonable period of time re-route you and your Baggage to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference; or

9.3.4.3 make an involuntary refund in accordance with the provisions of Article 10.2.

9.3.5 If we fail to stop at your destination or Stopover destination, or cause you to miss a Connecting Flight because of events outside of our reasonable control, we will provide reasonable assistance to you to assist you to get to your final destination. However, we will not be liable (unless required by appropriate law and subject to Article 15.7) for any additional costs incurred by you for any subsequent flights, ground transportation, accommodation or other related services in these circumstances.

9.4 Denied Boarding

9.4.1 Sometimes it is necessary for us to deny boarding to a passenger even though he or she holds a Confirmed Reservation, has met the applicable check-in deadline, and is not precluded from boarding by reason of application of Articles 7.1 or 11.3 or for other reasonable grounds. If the flight is operated by us and you satisfy those criteria and are eligible to board, we will try to avoid any need to deny you boarding by offering you and all other similar passengers the opportunity to volunteer to surrender one or more Confirmed Reservations in exchange for a payment or other compensation. If you are an unaccompanied child or a person with reduced mobility or a person accompanying a person with reduced mobility, we will not deny you boarding against your will unless otherwise unavoidable.

9.4.2 If you are Denied Boarding as a result of volunteering to surrender your reservation in response to such a request by us, you will be entitled to choose one of the three remedies specified in Articles 9.4.2.1 to 9.4.2.3 unless you are travelling free of any charge or at a reduced fare not available directly or indirectly to the public or your reservation is part of a Package Holiday and such Package Holiday is cancelled for reasons other than cancellation of a flight. Travelling on a flight pursuant to a frequent flyer programme or as part of a Package Holiday does not fall within the 'travelling free of any charge' exception just mentioned, except that the right to reimbursement in Article 9.4.2.1 will not apply where such right arises under the Package Travel Regulations.

9.4.2.1 Remedy One - we will reimburse the fare paid for your ticket for the part of carriage not used or the whole amount paid if, as a result of Denied Boarding, the carriage no longer serves any purpose in relation to your original travel plans, and, if relevant, carry you to the first point of departure on the earliest flight with suitable space available.

9.4.2.2 Remedy Two - we will re-route you on the earliest flight with suitable space available to your final destination airport (or to another airport serving the same town, city or region, in which event we will provide you with surface transport to your final destination airport).

9.4.2.3 Remedy Three - we will re-route you at a later date on a flight with suitable space available to your final destination airport (or to another airport serving the same town, city or region, in which event we will provide you with surface transport to your final destination airport).

9.4.3 If you are Denied Boarding without your consent in circumstances where you hold a Confirmed Reservation for the flight, have met the applicable check-in deadline, and are not precluded from boarding by reason of application of Articles 7.1 or 11.3 or for other reasonable grounds, you will be entitled to the benefits specified in Articles 9.4.3.1 to 9.4.3.3 unless you are travelling free of any charge or at a reduced fare not available directly or indirectly to the public or your Confirmed Reservation is part of a Package Holiday and such Package Holiday is cancelled for reasons other than cancellation of a flight. Travelling on a flight pursuant to a frequent flyer programme or as part of a Package Holiday does not fall within the 'travelling free of any charge' exception just mentioned.

9.4.3.1 you will be entitled to choose one of the three remedies specified in Article 9.4.2; and

9.4.3.2 we will pay you compensation in the amount of 600 Euros, which will be reduced to 300 Euros if you choose re-routing pursuant to Articles 9.4.2.2 or 9.4.2.3 and such re-routing results in a scheduled time of arrival at your final destination which is no more than fours hours later than the scheduled time of arrival of the flight originally booked;

9.4.3.3 we will provide you with the assistance specified in Article 9.5.1, except to the extent that we reasonably expect that provision of such assistance would cause delay.

9.4.4. If, as a result of Denied Boarding, you are placed in a class lower than that for which your Ticket was purchased while you are being re-routed pursuant to Articles 9.4.2.2 or 9.4.2.3, you will be entitled to choose one of the following two remedies:

9.4.4.1 mutually agreed benefits pursuant to our voluntary downgrade scheme if you have been voluntarily downgraded; or

9.4.4.2 reimbursement to be paid to the party who purchased the ticket, subject to proof of payment and identity of the purchaser, of 75% of the fare applicable to the flight if you have been involuntarily downgraded.

9.5 Assistance

9.5.1 Where this Article 9.5 applies, we will provide you with or arrange for you to receive the following free assistance:

9.5.1.1 meals and refreshments in reasonable relation to waiting time;

9.5.1.2 hotel accommodation if a stay of one or more nights, or a stay additional to that intended by you, becomes necessary;

9.5.1.3 surface transport between the airport and any place of accommodation provided pursuant to Article 9.5.1.2;

9.5.1.4 two telephone calls or, if facilities are available, two telexes, faxes or e-mails.

9.5.2 Persons with reduced mobility (and persons accompanying them) and unaccompanied children holding a Confirmed Reservation for the flight who have met the applicable check-in deadline (unless, in the case of cancellation, the cancellation takes place before that deadline), and are not precluded from boarding by reason of application of Articles 7.1 or 11.3 or otherwise, will be afforded the benefits specified in Article 9.5.1 as soon as practicable in the event of denied boarding, cancellation and delays of flights according to their reasonable needs, except to that we reasonably expect that provision of such assistance causes a delay.

9.6 No Further Liability

Upon the occurrence of any of the events set out in Article 9, except as otherwise provided by the Warsaw Convention or the Montreal Convention (as applicable) or Article 15, the benefits and remedies specified in Articles 9.2 to 9.5 are the sole and exclusive remedies available to you and we shall have no further liability to you.


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