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Flying club member, booked 6 flights to Orlando with layover in Atlanta on a Virgin flight, with Virgin reference no.
Virgin later changed flights to Delta. No notification. LHR-ATL leg all fine.
On arrival in ATL connecting flight had been cancelled. Next flight offered in 3 days. Told no accommodation available. Had booked assistance for disabled 85 year old in party. Spent night in terminal, 85 year old in wheelchair.no assistance available.
Managed to get separate flights following afternoon, after spending hours texting/calling/tweeting/queuing at customer services. Party were attending a wedding.
Virgin say it’s Delta’s responsibility – Delta say 100% down to Virgin.
I understand codeshare is the responsibility of the airline who you fly with – if you choose a codeshare when booked, but a Virgin flight was booked,with a Virgin flight ref, not Delta. Can anyone offer any advice.
Is any compensation payable?Operating air carrier is responsible.
I’m assuming both legs were on the same PNR.
This is woeful – US airlines often at least offer hotel accommodation w hen this happens. You booked with Virgin and need to kick up a fuss with them whoever turns out to be liable. Was there no accommodation available? ATL has plenty of airport hotels.
I am not sure here as technically you were on a through journey to MCO and arrived very much delayed. But if US law applies then you’ll only be entitled to whatever applies to domestic US flights and I think that’s only a replacement flight.As @Richie says, Delta as the operating carrier is responsible and owes you £520 each. They should have rebooked you and offered accommodation or told you to book and reclaim. It falls squarely under UK261 even if the second flight was US domestic. You are also due any food costs incurred, plus communication charges. They failed to to consider the rights of the wheelchair pax, probably a breach of US law. I think Virgin may handle DL UK261 claims, but go to DL.
There was a recent case about this and although it post dates Brexit so isn’t binding on English courts it’s clear and obvious. Send it with your claim.
https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-04/cp220059en.pdf
- This reply was modified 55 years, 4 months ago by .
Excellent – that was my thinking but I wasn’t sure. It would be ridiculous that a journey covered by UK/EU legislation wouldn’t include a connecting leg on the same booking.
If you have the time and energy it might be worth submitting a complaint to the US Department of Transport as they do take disability rights very seriously in America. There’s a very user-friendly complaint form on their website and they are very quick to respond. I used this to claim refunds twice during the pandemic when US-Caribbean flights were cancelled and the airline simply ignored my refund requests. Both times it was sorted within about 8 weeks.
Thanks very much for the advice/info. Very helpful.
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