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Virgin rebooking on cancelled flight to Hong Kong

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Old Jul 22, 2022, 9:21 am
  #1  
Original Poster
 
Join Date: Mar 2004
Location: London
Posts: 224
Virgin rebooking on cancelled flight to Hong Kong

I had flights booked between HKG-LHR with points this autumn. They just announced that they are not resuming flights until March 2023 (https://www.bloomberg.com/news/artic...ast-march-2023).

In the email I just received they simply say my booking is going to be cancelled this weekend and "At this time, were unable to rebook you on to an alternative service."

Under CAA/EU rules, aren't they obliged to rebook me on alternative service? It will cost me significantly more to rebook even a connecting flight.


Has anyone had luck making them follow the CAA rules on them to force a rebooking on an alternative airline? If I had to rebook myself on another airline in the meantime, would I be able to claim the fare difference back?
CkCrunch is offline  
Old Sep 30, 2022, 11:01 am
  #2  
 
Join Date: Oct 2011
Posts: 53
Same situation here. My flights are out in late Dec and return Jan 2023. The law is clear on this. CAA's guidance note also states:

clause 4.2:

"The CAA accepts that, when offering the choice between the three options under Article 8(1)(a), (b) and (c), airlines will normally prefer to offer affected passengers a re-routing option on their own services or, where applicable, those of their partner airlines. In many cases, this will also be the best outcome for affected passengers. However, in circumstances where there is no re-routing option under Article 8(1)(b) on its own services or, where applicable, on the services of its partner airlines, on the same day as the original flight and via the same route, the CAA’s view is that the airline should next seek to identify re- routing options on the services of alternative airlines on the same day as the original flight and via the same route. If such a re-routing option is available, affected passengers should be offered the choice of this option at the same time as they are offered the choice between the options set out in Article 8(1)(a), (b) and (c)."

I just sent in a complaint email to them and gave them 8 weeks to sort it (per the ADR rules) - failing that will refer the case to ADR. You can claim the additional costs if you have had to re-route yourself in the end, first file with them if they do not budge serve them final notice before commencing legal action then lodge the claim in the small claims court (assuming you are based in the UK, as the final notice is under UK law)

Given CX and BA are both running daily services to HKG now VS has no legs to stand on by not rebooking you. It doesn't matter if you paid cash or points.

Last edited by zimne; Sep 30, 2022 at 11:09 am
zimne is offline  
Old Oct 1, 2022, 11:10 pm
  #3  
 
Join Date: Jun 2018
Posts: 943
What in the hell is going on with the total lack of VS award availability to/from HKG - still! and their revenue pricing has gone really, really weird!
Tofino87 is offline  
Old Oct 5, 2022, 1:27 pm
  #4  
 
Join Date: Sep 2002
Location: Cheltenham
Programs: KLM Plat for Life , BA Gold, HH Silver, (Other half Diamond), IHG Gold
Posts: 2,402
Originally Posted by zimne
Same situation here. My flights are out in late Dec and return Jan 2023. The law is clear on this. CAA's guidance note also states:

clause 4.2:

"The CAA accepts that, when offering the choice between the three options under Article 8(1)(a), (b) and (c), airlines will normally prefer to offer affected passengers a re-routing option on their own services or, where applicable, those of their partner airlines. In many cases, this will also be the best outcome for affected passengers. However, in circumstances where there is no re-routing option under Article 8(1)(b) on its own services or, where applicable, on the services of its partner airlines, on the same day as the original flight and via the same route, the CAAs view is that the airline should next seek to identify re- routing options on the services of alternative airlines on the same day as the original flight and via the same route. If such a re-routing option is available, affected passengers should be offered the choice of this option at the same time as they are offered the choice between the options set out in Article 8(1)(a), (b) and (c)."

I just sent in a complaint email to them and gave them 8 weeks to sort it (per the ADR rules) - failing that will refer the case to ADR. You can claim the additional costs if you have had to re-route yourself in the end, first file with them if they do not budge serve them final notice before commencing legal action then lodge the claim in the small claims court (assuming you are based in the UK, as the final notice is under UK law)

Given CX and BA are both running daily services to HKG now VS has no legs to stand on by not rebooking you. It doesn't matter if you paid cash or points.
Do let us know how you get on
simonsmith is offline  
Old Oct 6, 2022, 4:53 am
  #5  
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Join Date: Mar 2004
Location: London
Posts: 224
Just wanted to update everyone on this.

TL;DR: It took a lot of back and forth, but *eventually* they rebooked me on a KLM flight (with a stop in AMS/BKK), but not on my ideal dates, but it was close enough that I didn't want to drag it out much longer so I just accepted it. Still some loose ends, but I am going to follow up on that later as my priority was getting rebooked.

Long story:
  1. Sent email and called customer service immediately in July after I got the cancellation in email. I had two bookings, one leaving in Sept, and one leaving on Oct, with both returning in Oct. Since one of the flights were leaving soon, I told them I needed resolution quickly. Told no they were not doing rebookings, only refunds. I quoted CAA guidance + EU/UK262 regs. They escalated to a supervisor, who said yes he is aware of the regs, but he can't do anything and basically told me to file a complaint.
  2. After that, I filed an official complaint, citing EU/UK262 regs + CAA guidance. As my flight was early Sept, I requested a rebooking ASAP and specifically told them I would hold them responsible if I had to rebook myself as my Sept departure was not flexible. No response for weeks, I booked an alternative outbound flight using points via TK just in case.
  3. Literally 4 hours before my original booked flight time and 6 hours before my alternative flight, they sent me an email saying they rebooked me. I checked online and they had rebooked me on the wrong date (6 days later on the outbound), which was not acceptable, and the return was off by a month (!!). I immediately called and they said there's nothing they can do as a) there was no availability and b) they already rebooked me once, so can't be rebooked again. Again told me to file a complaint if I wasn't happy. They managed to get the return fixed since it was an obvious mistake, but instead of my original date, it was now off a few days instead of a month. I told them I was not happy with the return dates but to hold them, which they agreed. They could not fix the outbound (due to "no availability" which was BS as KLM were still selling revenue seats) and I told them we will have to take the alternative flight and I will expect them to pay for that. They demurred and said its not their responsibility but you can file a complaint.
  4. We flew the alternative flight on TK on my originally booked date.
  5. I filed another complaint immediately. I noted that the regs are I should be able to request travel "comparable flights" on the days I was originally booked on and I can see there was plenty of availability on other airlines. I noted I never accepted the alternative flights so they can't say they already rebooked me once. To make things less complicated, I told them I am happy to accept the return, but I do not need the outbound now. I requested they refund my outbound flight and keep my inbound flight. I paid more for the TK flight so I also asked them to compensate me for the incremental miles. No response.
  6. 1 day before the wrong alternative outbound, I called again since I hadn't heard back. I told them I know they will cancel the return if I don't take the outbound, can they please cancel the outbound so at least I have the return, and then we can haggle over the refund. I was told in no uncertain terms that they cannot rebook me as a one-way because I had originally booked a roundtrip, if I wanted to cancel the outbound, they will cancel the whole reservation. Again I was told to file a complaint.
  7. Filed another complaint immediately after.
  8. No showed on the rebooked outbound (since she already took the TK flight), they cancelled the return. I booked refundable alternative flights, just in case.
  9. 3 weeks later, got an email replying to my complaint saying they were sorry my rebooked flight was not suitable and they will be in touch to rebook - not sure which complaint they were replying too....
  10. after another week with no one getting in touch with me, I called again. They reinstated the return flight after a 2 hour call with lots of back and forth between my agent and her supervisor. I asked for a refund for the unused flight, and they said because I no-showed on the outbound I won't get a refund - when I explained how they forced me to take the alternative outbound, they basically told me to file a complaint.
  11. I have not filed that complaint yet since the return is now confirmed and ticketed and there's no urgency. I am going to wait for all the flights to be done, then ask for the refund for the flight + price difference for the alternative TK flight.
A few things to note:
  • Every agent I spoke with were all very sympathetic and friendly. They understood the regs required them to rebook me on the original dates, but they were basically not empowered to do anything. Promised call backs almost never came through though - although there was one agent who went out of her way to call me even if there wasn't any update. I was firm but very polite throughout. FWIW, it really sounded like the agents were really trying to help, they told me to document all the dates and times of calls to include in the complaints, and they made notes in my PNR with corroborating information.
  • There's seems to be a separate department that authorizes the rebooking. The agent you talk to, plus their supervisor they can talk to cannot rebook you without their approval. It has to go to this team - and in my experience - that team will not agree to rebook you until you raise an official complaint. Each time I was only rebooked after they responded to my complaint (3-4 weeks after my complaint was sent).
  • Be prepared to spend a LOT of time on the phone. You don't get to talk to the supervisor, and the agent will need the supervisor to do anything (even after they have agreed to rebook) and there's a lot of time on hold where they conferred between themselves.
  • It is unclear what would've happened if I insisted on the days I originally booked. Even after they agreed to rebook, there still seems to be some sort of capacity control. They seemed to be pulling some sort of inventory from KLM - KLM were still selling tickets on the days I originally booked, I was told there was "no availability" for the rebooking. I pointed out that they needed to rebook me as long as there are flights for sale, but they told me I would need to raise a complaint, and I didn't want to spend even more time on this so I let it go.
Hope that was helpful for people in similar situations!
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CkCrunch is offline  
Old Oct 6, 2022, 3:23 pm
  #6  
 
Join Date: Sep 2002
Location: Cheltenham
Programs: KLM Plat for Life , BA Gold, HH Silver, (Other half Diamond), IHG Gold
Posts: 2,402
They are completely in the wrong and are in breach of the regulations . I would have given them a final warning and charged them for replacement flights . You were extremely patient .
simonsmith is offline  


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