Schedules, Flight Disruption and Denied Boarding
21.1 Schedules
(a) The departure and flight times shown in our timetables may change between the date of booking and your date of travel. We do not guarantee a particular departure and flight time and they do not form part of your contract with us.
(b) Before we accept your booking, we will tell you the scheduled departure time and it will be shown on your Ticket.
21.2 If we change our schedule before you fly
(a) If, after issuing your Ticket, we change the scheduled departure time, we will notify you if you have given us or our Authorised Agents your contact information. You should check our website before you fly for the most up-to-date flight information.
(b) If the new scheduled departure time is more than five (5) hours after the previous departure time or less than five (5) hours after the previous departure time but you provide proof (upon request) that the change will cause you to miss a connecting flight or cruise and you had allowed the minimum time to make the connection prescribed by the relevant airport or cruise provider, you will be given the choice between:
i) a refund of the unused portion of your Ticket;
ii) travelling on our nearest available scheduled flight (subject to availability of seats in the same class of service for which you originally purchased your Ticket); or
iii) travelling at a later date. There may be additional charges to pay if there is a difference in fare, carrier imposed charges and surcharges, taxes, fees and charges. These will be advised to you at the time of rebooking.
21.3 Flight disruption
(a) We take all reasonable measures to avoid disruption to our services (such as cancellations, delays and denied boarding). In order to minimise any disruption we might arrange for your flight to be operated on another type of aircraft or by another carrier.
Where your flight that is operated by us is cancelled or delayed by at least five hours, you may choose between:
(i) travelling as soon as possible on another of our scheduled flights. Travel is subject to availability of seats in the same class of service for which you originally purchased your Ticket;
(ii) travelling at a later date that is convenient to you on another of our scheduled flights. Travel is subject to availability of seats in the same class of service for which you originally purchased your Ticket and the revised travel date must be within the validity period of your Ticket; or
(iii) a refund of the unused portion of your Ticket.
(b) Sometimes, even after taking these measures, your flight may be disrupted and you may be entitled to remedies under Regulation 261/2004. Further details and information on how to claim for disruption can be found at: https://help.virginatlantic.com/gb/en/flight-disruptions/eu-regulations.html.
(c) If you bring a legal action against us for disruption, we may off-set any payment we have already made to you for that disruption under Regulation 261/2004.
(d) If it has been more than six years since the scheduled arrival date of the flight you’re claiming for, you won’t be able to bring a claim.
(e) If you are travelling on a Codeshare flight to or from Canada, the carrier operating your flight must comply with the Canadian Air Passenger Protection Regulations. Please refer to the tariff and/or conditions of carriage of the operating carrier for more information.
21.4 Making a claim under Regulation 261/2004
(a) Subject to (b) below, if you wish to make a claim under Regulation 261/2004, you must follow the process below:
(i) You must make any claim under Regulation 261/2004 to us directly and allow us 28 Days to respond directly to you before you engage a third party to claim on your behalf. You can submit your claim to us here: https://www.virginatlantic.com/gb/en/help-centre/flight-disruptions/eu-claims.html.
(ii) If you do not submit your claim to us directly first and allow us 28 Days to respond, we will not process any claim we receive from a third party.
(iii) You may submit a claim on behalf of other Passengers listed on your booking or on behalf of a passenger who is a minor or lacks capacity to submit a claim. If you do so, we may ask to see evidence that you have authority to submit the claim on behalf of the Passenger.
(iv) Where you have already submitted your claim to us directly first, and we then receive a claim from a third party acting on your behalf relating to the same event, we may require the third party to provide documentation evidencing they have authority to act on your behalf before we respond.
(b) Nothing in this Article 21.4 shall prevent you from obtaining legal advice or bringing your claim through a solicitor, barrister or other lawyer/firm properly authorised to provide litigation services – this does not include claims management companies.
21.5 Limits of our liability for Delay in carrying you
(a) Our liability for damage caused by Delay in carrying you is limited to 6,303 SDRs per Passenger, unless you can prove that the Delay was caused by us or our agents in the course of a person’s employment/agency:
(i) intentionally; or
(ii) recklessly and with knowledge that Delay would probably result.
(b) We will have no liability for damage caused by Delay, if we can prove that we, our employees or agents took all measures that could reasonably be required to avoid the Delay or that it was impossible to take such measures.
(c) You must prove any damage suffered as a result of a Delay, and provide documentary evidence (for example, receipts) supporting any claim.
(d) See Article 23.7 for the time limits for bringing a legal action for damages for Delay in carrying you.
21.6 Exclusive rights and remedies
If your flight is delayed, cancelled or you are denied boarding, the rights provided for you in these Conditions of Carriage and any other applicable and mandatory law are your sole and exclusive rights and remedies and we will have no further liability to you.