(a) The departure and flight times shown in our timetables may change between the date of booking and your date of travel. We do not guarantee a particular departure and flight time and they do not form part of your contract with us.
(b) Before we accept your booking, we will tell you the scheduled departure time and it will be shown on your Ticket.
21.2 If we change our schedule before you fly
(a) If, after issuing your Ticket, we change the scheduled departure time, we will notify you if you have given us or our Authorised Agents your contact information. You should check our website before you fly for the most up-to-date flight information.
(b) We will give you the choice of a refund, or to be booked onto another one of our flights, if the new scheduled departure time is:
i) more than three (3) hours from the previous departure time; or
ii) is less than three hours from the previous departure time but you provide proof (upon request) that the change will cause you to miss a connecting flight or cruise and you had allowed the minimum time to make the connection prescribed by the relevant airport or cruise provider.”
21.3 Flight disruption
(a) We take all reasonable measures to avoid disruption to our services (such as cancellations, delays and denied boarding). In order to minimise any disruption we might arrange for your flight to be operated on another type of aircraft or by another carrier.
(b) Sometimes, even after taking these measures, your flight may be disrupted and you may be entitled to remedies under Regulation 261/2004. Further details and information on how to claim for disruption can be found at: https://www.virginatlantic.com/cn/en/help-centre/flight-disruptions/eu-regulations.html.
(c) If you bring a legal action against us for disruption, we may off-set any payment we have already made to you for that disruption under Regulation 261/2004.
(d) If it has been more than six years since the scheduled arrival date of the flight you’re claiming for, you won’t be able to bring a claim.
(e) If you are travelling on a Codeshare flight to or from Canada, the carrier operating your flight must comply with the Canadian Air Passenger Protection Regulations. Please refer to the tariff and/or conditions of carriage of the operating carrier for more information.
21.4 Making a claim under Regulation 261/2004
(a) You must make any claim under Regulation 261/2004 to us directly and allow us 28 Days to respond directly to you before you engage a third party to claim on your behalf. You can submit your claim to us here: https://www.virginatlantic.com/gb/en/help-centre/flight-disruptions/eu-claims.html.
(b) If you do not submit your claim to us directly first and allow us 28 Days to respond, we will not process any claim we receive from a third party.
(c) You may submit a claim on behalf of other Passengers listed on your booking. If you do so, we may ask to see evidence that you have their consent to submit a claim on their behalf.
(d) This Article 21.4 does not stop you from consulting a third party adviser or obtaining legal advice before submitting your claim directly to us.
(e) Where you have already submitted your claim to us directly first, and we then receive a claim from a third party acting on your behalf relating to the same event, we may require the third party to provide documentation evidencing they have authority to act on your behalf before we respond.
21.5 Limits of our liability for Delay in carrying you
(a) Our liability for damage caused by Delay in carrying you is limited to 5,346 SDRs per Passenger, unless you can prove that the Delay was caused by us or our agents in the course of a person’s employment/agency:
(i) intentionally; or
(ii) recklessly and with knowledge that Delay would probably result.
(b) We will have no liability for damage caused by Delay, if we can prove that we, our employees or agents took all measures that could reasonably be required to avoid the Delay or that it was impossible to take such measures.
(c) You must prove any damage suffered as a result of a Delay, and provide documentary evidence (for example, receipts) supporting any claim.
(d) See Article 24.7 for the time limits for bringing a legal action for damages for Delay in carrying you.
21.6 Exclusive rights and remedies
If your flight is delayed, cancelled or you are denied boarding, the rights provided for you in:
(a) these Conditions of Carriage;
(b) Regulation 261/2004;
(c) Regulation 2027/97;
(d) the Warsaw Convention and/or the Montreal Convention; and
(e) any other applicable and mandatory law,
are your sole and exclusive rights and remedies and we will have no further liability to you.