Advice for an EU261 claim against Virgin Atlantic for an ANA flight

[Stephen]

Hello,

I’ve sent a Letter before Action to Virgin Atlantic and All Nippon Airways for some reward flights to Tokyo, but the flights are scheduled for a few days time.

I’m concerned that if I do not cancel them, I’ll forfeit the points and taxes? But if I agree to a cancellation, I have no rights under EU261?

Virgin Atlantic legal team is also stating that EU261 regulations only apply for the outward segment of travel. For example, my wife has had her return segment canceled, leaving just an outbound (MUC-HND) so they are claiming the return segment is not covered.

Any advice?

Thanks

[meta]

Virgin is right. If only return is cancelled then nothing is due under EU/UK261 as ANA is a non-EU airline. You can get a full refund though based on contract.

[Stephen]

Thanks Meta, how about if outbound is rescheduled by +1 day with the return segment having been cancelled. Does that change anything?

[meta]

Is it a cancellation or reschedule, i.e. has the flight number changed? if so then it’s cancellation and you can pursue re-route via EU/UK261 right. What does your email say – reschedule or cancellation. Also check what they filed with the airport control/CAA. Flightradar and Expertflyer shouldshow this.

If it is just a simple reschedule within 24 hours and same flight number then it’s classed as delay. If I remember correctly Article 6 mentions this scenario and only option is refund or return at the earliest opportunity plus duty of care as per article 9. And of course delay compensation is due on the outbound leg 600 euros.

Another problem you might face that the flights originate in Munich, so Virgin/ANA could argue that it’s not within UK jurisdiction, but you can be clear and say you were charged in £ for taxes and Virgin marketed the flights.

[Lady London]

Hi meta,

As far as I knew if you get moved to same flight the following day – in other words today’s flight is cancelled and you get moved to the following day’s flight – that was always there with the same number in particular – then this counts as a cancellation. Saying it’s the same flight in those circumstances would be a real cheating loophole on the part of the airline.

Are you sure?

[meta]

Hence why we need to know the reason for reschedule. For example, is it a due to unforeseen circumstances such as Japanese government banning all flights or asking airlines to reduce the schedule? The clue will also be in if they are running the flight on the same day in the previous and following weeks.

Airlines are trying all sorts of things these days, so you need to be armed with various counter arguments.

[Stephen]

Thanks both, the reason for the changes is All Nippon reducing their schedules to not run a service daily

[meta]

Then it’s a straight cancellation. I’d pursue it via MCOL. You must not take a refund. Just tell them you will be going to MCOL and that you don’t want a refund because of that. If you lose at MCOL, they will still contractually need to refund you because they cancelled the flight.

[Lady London]

I would say that’s fair and square a cancellation. But as meta says, if the operating airline is ANA and it’s the leg departing from Japan then EU261 does not cover it. You’d need to look at the airline’s terms or the terms your purchase was made under.

Any airline, even ANA, departing from UK or Europe you have full EU261 rights on those flights. So a cancellation gives you right to choose reroute (change date), refund, or the right to say you still need to travel as reasonably close as any other airline’s flight is available. So if another airline is flying on same day still, and even better as close as poss to your original time, your original operating airline is responsible for providing (or reimbursing) a ticket on their choice of other airline fulfilling this condition. Or reimburse you if they failed to provide. Which you may need to MCOL.

If the changes were only on ANA flight departing Japan then EU261 rights ie statute, are not available to you as meta says. It’s down to the terms that you bought on ie contract – and what you can get them to offer you. For instance no duty of care (e.g extra hotel nights if needed during extra wait for replacement flight) if only the return changed on ANA ex-Japan.

What did you ask for in your Letter Before Action?