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crownvic
Topic Author
Posts: 3309
Joined: Wed Oct 20, 2004 10:16 pm

EU Compensation Question ...Bumped off flight

Sun May 14, 2023 10:44 am

I was scheduled to return from LHR on VIrgin to Orlando yesterday having flown in last week. Day before departure, I receive an email stating due to an acft change with smaller seating capapcity, I was bumped to an alternative Virgin flight on the same day almost the same time to Tampa 2 hrs drive away. Once in Tampa we would be bussed to Orlando. (that was a total disaster not even going to talk about that fiasco) arriving back in Orlando at 1am... I was offered several options for compensation by Virgin including a free R/T ticket which I have chosen over a poltry monetary compensation and or frequent flyer points. Ironically it turns out my original flight to Orlando left on time with the original equipment as we taxied out at the same time. It was clearly a case of overselling the flight as 20 other passengerits were on my flight to Tampa having been bumped as well.

My question is the EU compensation of 650 Euros. I was never given an opportunity to volunteer to be bumped from this flight. There was no warning or option, only an email stating I have been swithched to an alternative flight without any choice. Having opted to take the free ticket, am I not also entitled to the 650 compensation too that the EU says I qualify for??
 
ReverseFlow
Posts: 899
Joined: Mon Mar 14, 2022 4:40 pm

Re: EU Compensation Question ...Bumped off flight

Sun May 14, 2023 11:14 am

crownvic wrote:
I was scheduled to return from LHR on VIrgin to Orlando yesterday having flown in last week. Day before departure, I receive an email stating due to an acft change with smaller seating capapcity, I was bumped to an alternative Virgin flight on the same day almost the same time to Tampa 2 hrs drive away. Once in Tampa we would be bussed to Orlando. (that was a total disaster not even going to talk about that fiasco) arriving back in Orlando at 1am... I was offered several options for compensation by Virgin including a free R/T ticket which I have chosen over a poltry monetary compensation and or frequent flyer points. Ironically it turns out my original flight to Orlando left on time with the original equipment as we taxied out at the same time. It was clearly a case of overselling the flight as 20 other passengerits were on my flight to Tampa having been bumped as well.

My question is the EU compensation of 650 Euros. I was never given an opportunity to volunteer to be bumped from this flight. There was no warning or option, only an email stating I have been swithched to an alternative flight without any choice. Having opted to take the free ticket, am I not also entitled to the 650 compensation too that the EU says I qualify for??


Since when is the UK or the US in the EU?

This might help though.

https://www.citizensadvice.org.uk/consu ... cancelled/
 
crownvic
Topic Author
Posts: 3309
Joined: Wed Oct 20, 2004 10:16 pm

Re: EU Compensation Question ...Bumped off flight

Sun May 14, 2023 12:40 pm

If anyone can answer my question, does the free ticket negate any EU compensation under EU 261? to answer your question, I am well aware of world geography, however this applies to UK and US flights too if the flight involves Europe or UK...
 
ubeema
Posts: 452
Joined: Thu Aug 23, 2012 3:48 am

Re: EU Compensation Question ...Bumped off flight

Sun May 14, 2023 3:29 pm

OP you might just go ahead and open a claim with the airline. However the claim falls under UK passenger rights not EU. Virgin was pretty clever on that one, as it is hard to place your case in any of the known passenger disruptions (Delayed, cancelled, denied boarding and downgraded?)
 
davidjohnson6
Posts: 3930
Joined: Mon Jun 20, 2016 10:10 pm

Re: EU Compensation Question ...Bumped off flight

Sun May 14, 2023 3:39 pm

Being bumped off a flight counts as denied boarding. Go ask the UK CAA if anyone says otherwise.
 
teachpdx
Posts: 395
Joined: Wed Jun 28, 2017 1:51 am

Re: EU Compensation Question ...Bumped off flight

Sun May 14, 2023 8:54 pm

A free round trip flight sounds like good compensation for a late evening 2 hour bus ride. Considering you don’t have EU 261 protection for this flight, you probably got the best deal you could get.
 
debonair
Posts: 4865
Joined: Sat Jan 03, 2004 10:50 pm

Re: EU Compensation Question ...Bumped off flight

Sun May 14, 2023 9:52 pm

teachpdx wrote:
Considering you don’t have EU 261 protection for this flight, you probably got the best deal you could get.


Not true at all! When the UK left the EU, EU261 was adopted into UK law - now the 'Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019', or short UK261.
 
teachpdx
Posts: 395
Joined: Wed Jun 28, 2017 1:51 am

Re: EU Compensation Question ...Bumped off flight

Mon May 15, 2023 12:41 am

debonair wrote:
teachpdx wrote:
Considering you don’t have EU 261 protection for this flight, you probably got the best deal you could get.


Not true at all! When the UK left the EU, EU261 was adopted into UK law - now the 'Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019', or short UK261.


Glad to hear the UK has some sort of protections… even if identical it’s still not technically EU 261, though.

I still think OP should take the round trip and call it good.

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