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Old 1 Nov 20, 07:52 AM  
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moofisher
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Virgin Atlantic refuse refund

Our flights were booked 31/10/2020 from LHR-MIA. I have been trying to get a refund for months and months. In september VA said it was too early to discuss. I messaged this week as couldn’t be more closer to the date and finally received a reply over night to say as the flight was still running we can’t get a refund only open ticket. We couldn’t even get into the USA so how could we still fly? They say an open ticket is only option which doesn’t work for us as I can’t see this being over anytime soon. Is this correct as I have No idea 🤷🏼
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Old 1 Nov 20, 08:01 AM  
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Alibayparc
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Gutted for you. Unfortunately as the plane flew to MIA you have no recourse for a refund from Virgin. Travel insurance may cover it but many are refusing legitimate claims if an alternative is offered. Good luck.
Alex
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Old 1 Nov 20, 11:19 AM  
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HappyM
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This doesn’t help but I had the same situation with BA. My flight went to Miami in August. I told them FCO advise was not to travel to USA. BA have me a full refund, no questions asked. Can you mention the FCO advise to them?
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Old 1 Nov 20, 11:26 AM  
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Originally Posted by moofisher View Post
Our flights were booked 31/10/2020 from LHR-MIA. I have been trying to get a refund for months and months. In september VA said it was too early to discuss. I messaged this week as couldn’t be more closer to the date and finally received a reply over night to say as the flight was still running we can’t get a refund only open ticket. We couldn’t even get into the USA so how could we still fly? They say an open ticket is only option which doesn’t work for us as I can’t see this being over anytime soon. Is this correct as I have No idea 🤷🏼
This is correct and normal. Virgin are not responsible for guaranteeing you entry into the USA. If the flight is running, your recourse is either to insurance or you take the voucher.
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Old 1 Nov 20, 02:43 PM  
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Kraken
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Originally Posted by Claudette View Post
This is correct and normal. Virgin are not responsible for guaranteeing you entry into the USA. If the flight is running, your recourse is either to insurance or you take the voucher.
I am afraid the above is 100% correct. If the flight actually operated but you did not fly, then it's not Virgin's job to refund you. That is what travel insurance is for. The offer of a voucher is a good-will gesture and one I would take.

You could have booked a flight and not hold a valid passport. The airline website will take your money - but would you expect them to refund you?

Just for clarity - I can't wait to get out to Orlando again. I've got 2x 14 day Universal tickets (with Express) waiting for me from a guest services complaint. We are both really glad that we got out there last November for 2 weeks.
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Old 1 Nov 20, 03:04 PM  
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YorkshireT
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Originally Posted by Alibayparc View Post
Hi
Gutted for you. Unfortunately as the plane flew to MIA you have no recourse for a refund from Virgin. Travel insurance may cover it but many are refusing legitimate claims if an alternative is offered. Good luck.
Alex
Contract is legally frustrated, Law Reform (Frustrated Contracts) Act 1943.

Take them to small claims. They would not have permitted you to board as they would then be taking people without authority to enter.

Absolute disgrace.

A frustrated contract is a contract unable to be performed due to unforeseeable circumstances- from any side. Quite different to not renewing your passport, not being permitted to enter the country because you haven’t been granted an Esta etc.

Also go to the CMA. They’ve been looking at such practices.
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Old 1 Nov 20, 03:19 PM  
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Originally Posted by YorkshireT View Post
Contract is legally frustrated, Law Reform (Frustrated Contracts) Act 1943.

Take them to small claims. They would not have permitted you to board as they would then be taking people without authority to enter.

Absolute disgrace.

A frustrated contract is a contract unable to be performed due to unforeseeable circumstances- from any side. Quite different to not renewing your passport, not being permitted to enter the country because you haven’t been granted an Esta etc.

Also go to the CMA. They’ve been looking at such practices.
I cannot see how this is possible be deemed a frustrated contract.

Virgin were able to operate the flight and they did, that was their part of the contract, it was not frustrated.

On the OP’s side, their only contractual obligation was to pay for travel. They were not contractually bound to travel, therefore the contract is not frustrated from their side either as they have met their part of the contract (which was to pay for a seat).
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Old 1 Nov 20, 03:25 PM  
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Kraken
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Originally Posted by YorkshireT View Post
Contract is legally frustrated, Law Reform (Frustrated Contracts) Act 1943.

Take them to small claims. They would not have permitted you to board as they would then be taking people without authority to enter.

Absolute disgrace.

A frustrated contract is a contract unable to be performed due to unforeseeable circumstances- from any side. Quite different to not renewing your passport, not being permitted to enter the country because you haven’t been granted an Esta etc.

Also go to the CMA. They’ve been looking at such practices.
I beg to disagree. I could go online and book a flight in the name of Mickey Mouse. The online card payment would go through fine. As long as someone called Mickey Mouse turned up for the flight with suitable ID - i.e. a passport - then no problem.

What we are talking about here is where an airline operated a flight, but the passenger was unable to travel. In this case it was due to the Presidential Proclamation (but the same would be the case if no ESTA, no passport etc). If all your documentation is in order, actually turning up at the airport could be the best option - as you then fall under the involuntarily denied boarding rules. You'll get a refund pretty fast.
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Old 1 Nov 20, 03:28 PM  
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YorkshireT
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Originally Posted by Claudette View Post
I cannot see how this is possible be deemed a frustrated contract.

Virgin were able to operate the flight and they did, that was their part of the contract, it was not frustrated.

On the OP’s side, their only contractual obligation was to pay for travel. They were not contractually bound to travel, therefore the contract is not frustrated from their side either as they have met their part of the contract (which was to pay for a seat).
Contract is clearly frustrated as OP cannot take the flight due to unforseeable circumstances.

This offers basic guidance

gov.uk/government/public...on-and-refunds

Also read this:


theguardian/money/20...ds-coronavirus
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Old 1 Nov 20, 03:28 PM  
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Warkman58
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If I read it properly was it you who cancelled your flights? The riles are different if you cancel compared to the airline cancelling
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