Virgin Atlantic delay compensation: what you're owed and how to claim

How much compensation can you get from Virgin Atlantic?

Under UK law (known as UK261), compensation depends on the distance of your flight and how late you arrived at your final destination. Almost all Virgin Atlantic flights are over 3,500km, which is the long-haul band. The amount is per passenger.

Lateness is measured by when you arrive at your final destination, not when you take off. If you were on connecting flights booked together, what counts is how late you reached your final destination. On the rare Virgin Atlantic flight under 3,500km, the amounts are £220 (under 1,500km) or £350 (1,500km to 3,500km).

Is your Virgin Atlantic flight covered?

• Flights departing a UK airport are covered, whichever airline you fly with.
• Flights arriving at a UK airport are covered when the airline is licensed in the UK or the EU. Virgin Atlantic is a UK airline, so its flights from New York, Orlando or anywhere else into the UK are covered.
• Flights operated by a partner airline under a Virgin Atlantic booking are claimed from the airline that operated the flight, and whether they're covered depends on that airline and the route.

When Virgin Atlantic doesn't have to pay

Virgin Atlantic doesn't owe compensation if the delay was caused by "extraordinary circumstances" that it couldn't have avoided. According to the Civil Aviation Authority, these mainly include:

• weather that makes it unsafe to fly
• strikes by people who don't work for the airline, such as air traffic control, airport staff or Border Force
• security risks, terrorism, sabotage, or political unrest
• a hidden manufacturing defect that grounds a whole fleet

Technical problems with the aircraft are not extraordinary circumstances. The Court of Appeal confirmed this in Jet2 v Huzar. If Virgin Atlantic blames a "technical issue", that is not on its own a valid reason to refuse.

If Virgin Atlantic rejects your claim as extraordinary, ask it to explain what happened and what it did to try to avoid the delay. It is up to the airline to show that the circumstances really were extraordinary.

How to claim from Virgin Atlantic, step by step

1. Gather your details: booking reference, flight number, date, and roughly what time you actually arrived. Screenshots of delay notifications help.
2. Claim through Virgin Atlantic's website. Use the disruption and compensation section of its help centre.
3. Claim for every passenger on the booking, and add any receipts for meals, transport or hotels you paid for during the delay.
4. Keep copies of everything you submit and any reply you get, with dates.

You don't need a claims company. If you claim directly, you keep 100% of the compensation instead of losing a share in fees.

If Virgin Atlantic rejects your claim or doesn't reply

The Civil Aviation Authority lists Virgin Atlantic as a member of AviationADR, an approved alternative dispute resolution scheme. It's free to use, and the airline has to follow its decisions.

• You can usually go to AviationADR once Virgin Atlantic has given you a final response you disagree with, or once 8 weeks have passed since you complained without it being resolved.
• Complaints are made online at aviationadr.org.uk.

Going to court is a last resort if ADR doesn't resolve things. For larger or more complicated claims, consider getting independent advice first.

Meals, hotels and expenses during the delay

Separately from compensation, Virgin Atlantic has to look after you while you wait (known as the "right to care"). On long-haul flights this applies once the delay reaches 4 hours. It covers:

• food and drink in proportion to the wait
• two phone calls or emails
• hotel accommodation and transport to it, if you're delayed overnight

If Virgin Atlantic didn't provide these and you paid yourself, keep your receipts and claim the reasonable costs back. You're entitled to care even when the delay was caused by extraordinary circumstances.