If your flight gets cancelled and credit card voucher

[JonathanC]

Hello all,

Virgin have screwed me over with this booking about 4-5 times, most of them being what they’ll view as minor changes, but things I’m not at all happy with, notably changing the aircraft used on the route from a A351 to a 789 (Dreamliner) I’m flying in UC so it does make a difference. Anyway that’s beside the point, it’s still ammo against them.

A couple of days ago, I got an email telling me of a flight schedule change that I’m regardless not at all happy with (I won’t go into details why), but earlier on today, I’ve noticed that the flight number has now changed, so they’re trying to mask a flight cancellation as schedule change. Further ammo against them…
With this booking, I booked a seat in Premium and then using a credit card voucher, upgraded straight to UC. The voucher’s expiry literally shortly after my flight back to LHR T3.
My question is what would happen to the voucher if I demanded a refund on the basis my flight I originally booked is now cancelled ?

I’m very angry with them, and I’ll be demanding to speak to a CS centre manager / supervisor, as they’ve pushed things too far, and trying mask a flight cancellation as a schedule change is unbelievable

Anyone who can help, please comment below

Thanks

[JDB]

There is a definition of ‘cancellation’ within the EC261 Interpretative Guidelines which may or may not help your case:-

3.2. Cancellation
3.2.1. Definition of cancellation
Article 2(l) of the Regulation defines ‘cancellation’ as the non-operation of a flight which was previously planned and on which at least one place was reserved.
Cancellation occurs in principle where the planning of the original flight is abandoned and passengers of that flight join passengers on a flight which was also planned, but independently of the original flight. Article 2(l) does not require an express decision of cancellation by the carrier (26).

(26) is a reference in the footnotes to a CJEU case:- C-83/10 – Aurora Sousa Rodríguez and Others v Air France SA.

[AL]

Aircraft and schedule changes happen on all carriers – you’re less likely, I suppose, to experience it on bigger airlines than smaller ones, given the fleet and crew at their disposal. If I had enough time, I could write War and Peace about the number of times BA have screwed me over as a Gold and Silver. I get that it’s annoying, but there are times that it’s out of their control.

You are right that your service has been cancelled, but I suspect it is delivered as a ‘schedule change’ notification because – to most passengers – that’s how it’s viewed. I wouldn’t think they would quibble with the fact that it was cancelled.

You would be best directing your complaint in accordance with the complaints process, rather than your own assumption about what that is. The process is described on their website, at https://help.virginatlantic.com/gb/en/flight-disruptions/complaints.html. VAA does not deal with complaints by phone.

[JonathanC]

I’ve spoken to VS today, I won’t go into details, but I will say that the CS agent said that the flight is cancelled.

I did check this out before I started this post, so I definitely knew what I said had fact to it, and I wasn’t just making assumptions

[Travel Strong]

Simplest arguments are easiest to win – so stick with the cancelled flight line and ignore the other ‘ammo’.

I.e. “You cancelled the flight, so I am requesting [this]”

You are on a solid and well tested footing that it is cancelled, given the change in flight number.

I rank your chances of getting a voucher extension as low and difficult to pursue.

I rank your chances of asking for a reschedule to a different date of your choosing (off in to the future, even on peak/expensive dates with no reward availability) as high, within your passenger rights, and potentially more valuable than a refund.