Virgin and Compensation

Old Feb 18, 19, 5:46 am
  #1  
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Virgin and Compensation

Daughter and 3 friends took a holiday in Grenada. Took Virgin's cheapest tickets return.
On the way back, the First Officer was "taken ill" and they had an overnight delay. They were given accom. and vouchers. They were given all the EU style information that they should have been. They claimed for EU compensation, but were rejected due to "Crew's illness"
However, being "taken ill" has many meanings.
Other crew members told them that the First Officer's illness was due to "rib injuries" from some sort of adventure sport.
Appeal to Virgin, pointing out that if Virgin allowed crew to undertake adventure sports, then they had not taken "all reasonable measures", and all 4 were given 600 Euros. As they had paid only a little more than that for their flights, they were content with this settlement.
I wish airlines were honest in the first place!
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Old Feb 18, 19, 6:47 am
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I wonder if that flight crew member is looking for a new job?
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Old Feb 18, 19, 6:53 am
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I was going to say you were lucky to get that information from the crew!
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Old Feb 18, 19, 6:57 am
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I suspect that this claim fails. Your daughter may certainly pursue VS through CEDR and then MCOL if CEDR fails, but the essential issue here, e.g. a carrier's responsibility and ability to regulate the perfectly legal activities of its employees while off-duty is a hard series of inferences.

You have not specified the activity, but it seems overbearing to suggest that carriers ought to parse activities, e.g. what if the FO had broken his leg on a run, what if it was while parasailing, and what if something inbetween. This can be juxtatosped against acitivities where there are clear bright lines linked to specific abilities, e.g. alcohol and illegal drugs.

The essential issue here is that on a rare and unpredictable basis, things happen. This is at an outstation and there is no reasonable way to find reserve crew, so it really is "extraordinary".

So, the real question for your daughter is whether she has the time to pursue this against the likelihood that she will prevail.
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Old Feb 18, 19, 8:08 am
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I thought I had made it clear. The claim succeeded. After the appeal.
Airlines have all sorts of rules about what staff can and cannot do when in outstations.
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Old Feb 18, 19, 11:27 am
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Originally Posted by Ancient Observer View Post
I thought I had made it clear. The claim succeeded. After the appeal.
Airlines have all sorts of rules about what staff can and cannot do when in outstations.
Indeed, and I don't understand the post above. If an airline does not have such regulations then I would be very surprised, in this case, if correct, that crew member cost VS a lot of money.
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Old Feb 18, 19, 1:10 pm
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Originally Posted by Ancient Observer View Post
I thought I had made it clear. The claim succeeded. After the appeal.
Airlines have all sorts of rules about what staff can and cannot do when in outstations.
Yes you did make it clear. Congrats :-)
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