0 to 1 hour arrival delay | No compensation |
---|---|
1 to 4 hour arrival delay | 200% of one-way fare (but no more than $675) |
Over 4 hours arrival delay | 400% of one-way fare (but no more than $1,350) |
If you have been denied boarding for a reserved seat on Virgin Australia*, you may be entitled to monetary compensation. This notice explains the airline’s obligation and the passenger’s rights in the case of an oversold flight, in accordance with regulations of the U.S. Department of Transportation.
*Compensation is only applicable if you are 'denied boarding' on the day of travel, not prior to travel where you will be notified about a rescheduled service.
If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his or her will until airline personnel first ask for volunteers who will give up their reservation willingly, in exchange for compensation of the airline’s choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the following boarding priority of Virgin Australia:
Subject to factors such as severe hardships, fare type, number in party, on carriage and status within the Velocity and partner loyalty programmes, Virgin Australia will accommodate passengers based upon the time they arrive for check-in.
If you are denied boarding involuntarily, you are entitled to a payment of “denied boarding compensation” from the airline unless:
International Transportation
Passengers travelling from the United States to a foreign point who are denied boarding involuntarily from an oversold flight originating at a U.S. airport are entitled to:
0 to 1 hour arrival delay | No compensation |
---|---|
1 to 4 hour arrival delay | 200% of one-way fare (but no more than $675) |
Over 4 hours arrival delay | 400% of one-way fare (but no more than $1,350) |
“Alternate transportation” is air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by the passenger in the case of denied boarding.
Except as provided below, the airline must give each passenger who qualifies for involuntary denied boarding compensation a payment by cash or check for the amount specified above, on the day and at the place the involuntary denied boarding occurs. If the airline arranges alternate transportation for the passenger’s convenience that departs before the payment can be made, the payment shall be sent to the passenger within 24 hours.
The carrier may offer free or discounted transportation in place of the cash payment. In that event, the carrier must disclose all material restrictions on the use of the free or discounted transportation before the passenger decides whether to accept the transportation in lieu of a cash or check payment. The passenger may insist on the cash/check payment or refuse all compensation and bring private legal action.
Acceptance of the compensation may relieve Virgin Australia from any further liability to the passenger caused by its failure to honour the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner.