If you have to wait at the airport, you have a right to care.
In most cases, this means free food and free hotel accommodation.
Should your Virgin Atlantic flight be delayed, abruptly cancelled, or rescheduled, you’re eligible for particular free amenities. If your waiting duration extends to 3 hours or beyond, you should be provided with free meals and beverages. For overnight delays, Virgin Atlantic ought to take care of your free hotel accommodation and free airport transfer.
Right to Care From Virgin Atlantic
As per European law, protection is ensured for air passengers.
This means that passengers who are traveling within Europe or aboard European airlines have a right to care, which Virgin Atlantic offers for most of its flights to and from the European Union, UK and EEA. This provision is laid out by Regulation (EC) No 261/2004 and Regulation UK261.
Short Delays (3+ Hours)
You’re eligible to receive: food and refreshments.
For delays that last for three or more hours, albeit relatively brief and occurring during the daytime, Virgin Atlantic is obliged to provide you with free meals and beverages. You’re also entitled to make two free phone calls, send emails, or send faxes. All of these amenities, in most cases, are provided in the form of coupons.
Long Delays (Overnight)
You’re eligible to receive: food, beverages, hotel accommodation, and airport transfer.
In the event of your flight being delayed overnight, Virgin Atlantic will provide a free stay at a hotel, airport transfers, food, and drinks. If these arrangements haven’t been communicated to you, please reach out to Virgin Atlantic promptly.
How to Get Free Food and Free Hotel Accommodation?
During a lengthy delay at the airport, Virgin Atlantic should proactively offer amenities such as free food, free hotel accommodation and free airport transfers. There’s no need for you to request these; they should be provided to you during the waiting period.
If these services are not proactively offered, it is advised to contact the Virgin Atlantic customer service desk and inquire about the same. The airline is obligated by European law to provide these services at no cost for qualifying delays.
In unusual circumstances, if the airline doesn’t arrange these services for you, you may have to take care of it yourself. Remember to keep all receipts and proof of purchase for food, drink, transfers, and hotel stays. Once you have these, you can submit a reimbursement request to Virgin Atlantic, specifying your expenses during the delay. Make sure you provide all necessary information to facilitate the reimbursement process.
Extraordinary Circumstances
We’ll start with the definition.
What Are Extraordinary Circumstances?
Extraordinary circumstances encompass any events outside of the airline’s control that lead to flight delays, cancellations, or changes. These could include inclement weather, unrelated labor strikes, security risks, political instability, or sudden technical problems affecting flight safety.
In such situations, despite the inconvenience caused, the airline is not liable to provide compensation as they are considered exceptions under Regulation (EC) No 261/2004 and Regulation UK261.
However, the right to care, as discussed earlier, still stands.
Are Technical Problems Considered Extraordinary Circumstances?
Mostly, technical issues aren’t considered extraordinary circumstances under Regulation (EC) No 261/2004 and Regulation UK261. The regulation specifically mentions that technical issues that arise out of an airline’s standard operational processes are not deemed extraordinary, as these can be controlled by the airline.
These could include standard maintenance or minor repairs. Such issues are part of an airline’s regular responsibilities and therefore cannot be used as an exception from providing compensation or care to passengers.
However, if a sudden, unexpected technical defect arises that impacts the safety of the flight—for instance, a severe failure of the aircraft’s flight systems—this could be categorized as extraordinary. This is because such situations are exceptional, pose an immediate threat to the safe operation of an aircraft, and aren’t part of an airline’s daily technical operations.
Right to Care in Extraordinary Circumstances
Even amid extraordinary circumstances, passengers are entitled to care.
While Virgin Atlantic may not be liable to provide compensation for delays or cancellations brought about by situations beyond their control, they are still required to ensure your comfort during the waiting period. Providing food, refreshments, and accommodation, in case of substantial delays, falls under this obligation.
This same principle applies to offering an alternative transportation if the flight gets cancelled – you have a right to that.
Right to Care: FAQ
In this section, we will address some of the most commonly asked questions about passengers’ right to care during flight delays and cancellations with Virgin Atlantic.
What Does the Right to Care Mean?
The right to care refers to the duty of airlines to take care of their passengers during flight delays, overbookings, and cancellations. Under European law, Virgin Atlantic is obligated to ensure passengers’ comfort, which includes providing meals, refreshments, and if necessary, accommodation during significant delays.
How Do I Access My “Right to Care” If My Virgin Atlantic Flight Is Delayed?
If your Virgin Atlantic flight is delayed by 3 hours or more, the airline should automatically provide amenities such as meals, refreshments, and accommodation if your delay extends overnight.
In case these services are not offered, you can contact the Virgin Atlantic customer service counter at the airport. Alternatively, you can pay for these services yourself and submit a claim for reimbursement later. The sooner you do this, the better.
Am I Entitled to the Right to Care If My Virgin Atlantic Flight Is Cancelled?
Yes, if your flight is cancelled, you are still entitled to the right to care.
This means Virgin Atlantic must provide you with meals, refreshments, and accommodation (if needed), as well as offer a cancellation refund or an alternative route to your destination. If the cancellation is due to the airline’s fault, you may also be eligible for flight cancellation compensation.
Does the Right to Care Not Apply in Extraordinary Circumstances?
No, even in extraordinary circumstances, which are situations beyond the airline’s control, the right to care still applies.
This means that even if your flight is delayed or cancelled due to severe weather conditions, security issues, or labor strikes, you are still eligible for free meals, refreshments, and if necessary, accommodation.
How Do I Submit a Reimbursement Request If I Had to Arrange for My Accommodation and Meals?
If you had to arrange for your meals, accommodation, or airport transfers because Virgin Atlantic failed to do so, keep all your receipts and proof of purchase. You can submit these, along with a detailed account of your expenses during the delay, to Virgin Atlantic for reimbursement.
Please remember, only essential expenses apply under this policy. You cannot expect to be reimbursed for extravagant meals or other non-essential items.
Does the Right to Care Apply to All Virgin Atlantic Flights?
The right to care applies to all Virgin Atlantic flights departing from and arriving in Europe.
As Virgin Atlantic is a European airline, the right to care under Regulation (EC) No 261/2004 applies to all of its flights departing from and arriving in Europe. For non-European airlines, this regulation only applies to flights departing from Europe. Flights on non-European airlines arriving in Europe from other parts of the world are not covered under this European law.
Does All Of This Apply Only to Europeans?
No, the right to care applies to all passengers on Virgin Atlantic flights regardless of their nationality.
The laws that give passengers the right to care are Regulation (EC) No 261/2004 and Regulation UK261, which were created by the European Union and UK government. These regulations state that any airline operating in Europe must provide care and compensation for affected passengers when applicable. This means that the right to care applies to all passengers on Virgin Atlantic flights, regardless of their nationality.
The only exception is in the case of non-European airlines, where this regulation applies only to flights departing from Europe and not those arriving in Europe from other parts of the world.
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.