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Old Oct 12, 2009, 9:08 PM
AirlinesMustPay AirlinesMustPay is offline
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Quote:
Originally Posted by Gromit801 View Post
Virgin has no responsibility for what the problems caused by the other airline.

Virgin is in breach of its contract with the OP. They enter a contract for a specified flight between two specified points. Virgin changed the flight putting it in breach of the contract. Based on that change the OP will no longer reach in time for his flight on the other airline.

To decide if Virgin is responsible for the loss to the OP, the question is, Is it within the contemplation of Virgin that when they changed his flight he may be late for another flight? If the making of a connecting flight is something that is outside of the reasonable contemplation of the airline making the change, then it is not liable. I cannot see that any Judge (if this went to court) would think that is it outside of the reasonable contemplation of an airline who unilaterally changed a passenger's flight, that he might miss his connection albeit on another airline. The making of connections is an everyday occurrence in the airline industry. It has to be within the contemplation of any airline that if changes are made, a passenger will lose a connection. But it does not end there.

A passenger must take reasonable steps to minimise his loss. He has advance notice of Virgin's change. Can he change the connecting flight? If so he should. Alternatively he may take an earlier flight which it appears is being offered. However this comes with incurring hotel and related expenses which did not come through his fault. So to whose door should this additional expense be placed. The passenger who is not at fault, or the airline who made the change after entering a contract for one flight?

An easy question with an easy answer.

It is not only the law, it is plain simple common sense.