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Some of you kindly helped me with a claim I was raising with Virgin for cancellation compensation for a flight in August 2022. Original post here
https://www.headforpoints.com/forums/topic/how-long-is-14-days/Virgin had maintained that they gave me 14 days notice right up until I submitted my case to arbitration. They at no point said anything other than they gave me more than 14 days notice. They actually gave me 13 days notice. As soon as the case went to ADR they admitted that they gave me 13 days notice and claimed extraordinary circumstances. They refer to capacity restrictions imposed by Heathrow, limiting passenger numbers to 100k per day. I think the restrictions were imposed due to staff shortages of ground staff, baggage handlers, etc.
I am trying to find other cases which have gone to arbitration, where it has been found that the airline is liable to pay cancellation compensation. Looking for evidence to support this being an operational issue and that Virgin could have cancelled different flights and done so in advance of 14 days thus removing the need to compensate. Also looking for evidence that airport capacity restrictions is not an extraordinary circumstance.
Does anyone have any specific cases? or know where I can go to look through other decisions?
Thanks in advance
When LHR weather is less than perfect and there are capacity restrictions, these are deemed extraordinary circumstances.
I don’t think there’s a similar case to your situation.
There may be a principal-agent relationship between VS and the providers of the staff that caused some of the capacity restrictions.
@Tom – aviation ADR cases aren’t published but, in any event, each case turns on its own facts and other decisions set no precedent. In view of the nature of the cancellations, I was rather surprised by your post of 20 June at 11.33 referring to some claims having been awarded compensation on the basis of the cancellations being an operational issue – you should ask wherever/whoever you got that info from.
The CAA’s view, which carries considerable weight even if it’s not binding, is that such cancellations did constitute ‘exceptional circumstances’. To the extent that there was a different reason for cancellation, waiting for three years to claim unfortunately doesn’t help in the obtention of contrary evidence.
https://www.caa.co.uk/media/i5yiuujb/15-july-guidance-to-industry.pdf
There really is no need to start a new thread on this.
I’ve already posted my advice on the original.
The cancellations of your flight aren’t the same as mass weather ones where the airlines get to choose which are cancelled.
If you think you have a case then you need to make it. Other cases don’t set precedents you can rely on and will (a) be challenged by VS and (b) likely be ignored by the arbitor.
And both will know about the CAA document @JDB posted.
There really is no need to start a new thread on this.
I’ve already posted my advice on the original.
The cancellations of your flight aren’t the same as mass weather ones where the airlines get to choose which are cancelled.
If you think you have a case then you need to make it. Other cases don’t set precedents you can rely on and will (a) be challenged by VS and (b) likely be ignored by the arbitor.
And both will know about the CAA document @JDB posted.
The reason I started a new thread is that it was a separate question and I didn’t want the topic heading to confuse what I was now requesting help with. The original question referred to calculation of the 14 day period. Luckily Virgin has conceded this point when submitting there defence.
@Tom – aviation ADR cases aren’t published but, in any event, each case turns on its own facts and other decisions set no precedent. In view of the nature of the cancellations, I was rather surprised by your post of 20 June at 11.33 referring to some claims having been awarded compensation on the basis of the cancellations being an operational issue – you should ask wherever/whoever you got that info from.
The CAA’s view, which carries considerable weight even if it’s not binding, is that such cancellations did constitute ‘exceptional circumstances’. To the extent that there was a different reason for cancellation, waiting for three years to claim unfortunately doesn’t help in the obtention of contrary evidence.
Thanks for the CAA guidance JDB, that’s pretty damning so I’m not feeling confident. I think my original comments were based on a response I got from searching via ChatGpt. I have a response that I’ll post below, but based on the CAA doc, I fear I’m clutching at straws
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