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 three (3) hours after the previous departure time or less than three (3) 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 next 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 4,694 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 24.7 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.
21.7 Denied boarding
(a) If you are denied boarding due to a shortage of seats on your Virgin Atlantic flight, we will offer passengers the opportunity to surrender their seats and receive a refund of their unused ticket or fly on a later Virgin Atlantic flight in exchange for a complimentary or discounted flight at a future date (“Virgin Select”). Passengers volunteering and accepted for Virgin Select will also receive meals, refreshments and overnight accommodation depending upon the length of the waiting time. Further details of Virgin Select can be obtained from a member of our airport team.
(b) If we do not receive enough volunteers, we may deny boarding on an ‘involuntary basis’: If you are denied boarding on an involutary basis, you will have the right to:
(i) compensation of £220 GBP if your new flight is scheduled to arrive within four (4) hours of your original arrival time or £520 GBP if your new flight is scheduled to arrive more than four hours after your original arrival time; and
(ii) either:
(a) cancel your booking and receive a refund of your unused ticket, and for the part of the journey already made if the delay means your flight no longer serves any purpose in relation to your original travel plans.
(b) take an alternative flight, under comparable transport conditions, to your final destination, where seats are available in the same class of service, at the earliest opportunity. We will provide you with meals and refreshments in reasonable relation to the waiting time. If your new flight departure involves an overnight wait, we will offer hotel accommodation and transport to and from the hotel; or
(c) take an alternative flight to your destination, under comparable transport conditions and where seats are available in the same class of service, at a later date. You will be responsible for any hotel accommodation; meals and other transport costs should you choose this option.
(c) Where we have to deny boarding involuntarily, we will deny boarding to the last passengers to check in or arrive at the baggage drop off desks, self service check in kiosks, or the boarding gate
(d) The rights and remedies under Article 21.7 shall only apply to passengers who have a confirmed reservation on the flight concerned and have presented themselves at check in at least 60 minutes prior to the scheduled departure time of their flight. Article 21.7 shall not apply to passengers travelling free of charge, or at a reduced fare not available directly or indirectly to the public. It does apply to passengers having tickets issued under a frequent flyer programme
(e) If you are denied boarding for justifiable reasons such as health, safety, security or inadequate travel documentation we will be under no obligation to provide any of the rights and remedies set out in Article 21.7.