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The HfP chat thread – Wednesday 5th May

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We are running this daily chat thread on Head for Points during the coronavirus outbreak.

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Comments (228)

This article is closed to new posts. Discussion continues in the HfP Forums.

  • TGLoyalty says:

    I posted the section from the FAQ that spelled out in detail that one did not replace the other.

  • stairali says:

    About to book my first Virgin Atlantic flight in a long time and I plan to use the upgrade voucher + a cash ticket.

    Does it work in the same fashion as BA insofar as being able to book the outbound (presumably calling to add in the voucher), then doing the same for the inbound when availability is showing?

    • Alex says:

      You have to call to use a virgin voucher and yes they’ll mark it as only half used so can add the return at a later date

  • DeB2020 says:

    Hi HFPers,

    I’m currently claiming for EU261 duty of care payments from Virgin Atlantic, appreciate any thoughts or guidance from anyone who has been through it with them. Plus a view from Lady London, if she reads this.

    In summary:
    – Virgin cancelled the return leg of a trip (essential) I made to India last year, delaying my return by two weeks.
    – I only needed to claim hotel + food expenses for the last few days of my trip as I stayed with family for most of the additional days, saving Virgin Atlantic some money.
    – Upon my return, I followed the process in their EU261 claims page, to the letter, provided full breakdown of the daily hotel and food (breakfast + one other meal, no alcohol) expenses, as they required. All charges paid using my UK Amex card, receipts provided with the Amex FX rates applied, for a total in GBP.
    – Virgin Atlantic acknowledged receipt of my claim by automated email, followed by an email apology for the delay in their response due to the pandemic etc.
    – A month later, I telephoned customer services. I was told that my claim was in the queue and would be processed in a few days. Subsequent calls were cut off, so I used the text message service, they said that the team are not taking calls. Raised a query through customer services. Initial reply was that I had to send the claim by email, which I had done last January, then they replied (on 1st April) giving me a different email address, which did not exist as the email to that address bounced back!
    – A few days ago, they replied stating my claim is approved but they have looked at the hotel invoices in INR, used a current FX rate for INR-GBP conversions to compensate me. Due to the appreciation of the GBP and depreciation of INR over the last 3 months, the compensation is a 10% cut in the in the value of my claim, about £35 less.
    – I replied asking (1) for an explanation as to why they are using a current FX rate, not the rate on the date that I checked out of the hotel; (2) why they are using an FX conversion when my claim is in GBP based on my Amex card charging the amount in GBP; (3) I suggested that they also owe me interest for 3 months at the statutory 8%.
    – Virgin Atlantic came back saying that it is their policy to convert using current rates and under EU261 late payment interest does not apply.
    – They went further and said that they would be sorry to see me go (something I have never stated in any correspondence with them).

    Any thoughts on next steps welcome.

    • DeB2020 says:

      Due to space/character limits, I edited out lots of text above, but I hope that it broadly makes sense.

    • Genghis says:

      Sounds like you’re being mucked around.

      I’d probably send a letter before action to their legal team outlining your claim. It’s reasonable to be reimbursed the GBP cost you actually incurred.

    • ChrisC says:

      Are they reimbursing the amount of INR you actually incurred?

      If so you have been made whole. As that is the requirement – reimbursement of costs paid. In your case they were paid in INR,

      Currency fluctuations are part of life. You may have some luck with AMEX on this as I don’t see either the arbitration service VS use or MCOL ruling in your favour.

      CEDR who BA use the conversion rate of the 1st of the month they decide your claim where foreign currency is involved for example.

      • TGLoyalty says:

        Completely disagree OP isn’t being compensated in INR they are being sent GBP so they aren’t being made whole in either case.

        In my view The actual costs incurred are whatever the person was charged on the card they used to pay.

      • Genghis says:

        Is that the case? A simple reading of the original wording notes,

        “Right to care
        1. Where reference is made to this Article, passengers shall be offered free of charge:
        (a) meals and refreshments in a reasonable relation to the waiting time;
        (b) hotel accommodation in cases”

        https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261

        VS not providing such accommodation and meals and OP spending their own money, having it “free of charge” to me implies full reimbursement in GBP such that OP doesn’t lose out.

        There may be better guidance on this out there.

    • Mouse says:

      For £35 I would forget about it and get on with my life

      • John says:

        Legally I think they are wrong but I agree with Mouse. After all you may have spent £35 on food anyway had you been in the UK

      • Lady London says:

        +1 Genghis’s 2 responses.

        Mouse, if Virgin weasels like this with everyone think how much they’re getting away with.

        I would do as Genghis says send a signed-for letter (or email acknowledgement enabled email so you can prove they opened it and say so in the letter) headed Letter Before Action.

        They owe you what you paid out and due to the method available to you, Amex, you can prove your loss being what you had to settle in pounds. No assumption can be made you were waddling around with cash or that you hadn’t bought INR cash at an even less favourable common rate than Amex.

        Head it Letter Before Action as Genghis says. State your disappointment with their prevarification and the difficulties you have encountered contacting them to have your claim actioned.

        State you are unwilling to accept being made less than whole for your claim. Your loss falling under EU261 duty of care provisions has been amply proven. Following their delays you require full settlement within 14 days of their receipt of this notice.

        Should full settlement of your claim not be received in your bank account / to your card within 14 days then you will proceed to a court claim. In that event additional fees will be added to the claim and in light of their delays statutory interest of a further 8% will also be added to the claim.

        Give them 21 days then MCOL.

        Mouse might have a point but I wouldn’t let them get away with it.

        The lesson for me here is if an airline messes you around no concessions will be given to you for carrying any of the extra expenses they cause you – for instance I’d have claimed for 3 meals per day regardless of their policy and not stayed other than in a hotel unless it really did suit me better.

        How did you actually get home btw?

        • DeB20 says:

          Lady London and Genghis,

          Many thanks for your comprehensive replies. Much appreciated. Virgin Atlantic does not have any policy on FX conversion on their EU care page or anywhere else on their website. And, as you have noted, I paid in GBP not INR. I did eventually fly back with Virgin Atlantic, although at one point of time I was going to pay for a seat on Emirates to get back via Dubai, which was open to UK travellers at the time, whereas direct flights between the UK and India were banned due to the spread of the UK / Kent variant to India.

          For the poster who said forget about the £35, I did think about it. But I have not worked full time since 2019, due to Brexit resulting in my job going overseas and the pandemic reducing new job opportunities, so I have not had any regular income. £35 represents a shopping trip to the supermarket. And there is a principle at stake here.

          Many thanks to everyone once again, especially Lady London and Genghis. I will provide an update in due course here on HFP.

          • Genghis says:

            No worries. Good luck. Do report back. Remember that the law trumps any company policy.

          • Mouse says:

            I’m sorry I didn’t consider that £35 could be a material sum to you. I am ashamed. All the best with getting it back.

  • nick says:

    Anyone know how to access / purchase discounted Sports Direct gift cards or vouchers? Or any stores that sell them? (Morrisons do not)

  • Nathan says:

    Some advice regarding Bendy that I’ve had a while with very high limits. Have a friend who pays large amounts to hmrc and is looking to cash in on them. If I would upgrade to metal, which underlying card is best for putting through high quantities? Thinking beardy or Cot but is there any limit on them?

    • TGLoyalty says:

      Well beardy will spend on whatever your credit limit is as you can only earn points up to that amount in any billing period.

      • TGLoyalty says:

        Depend not spend.

        I believe COT doesn’t like personal tax payments so would have to be corporate taxes employers NI etc

        • Nathan says:

          Thank you, payments in question are corp taxes and VAT

    • BrianFLI says:

      What is Beardy? What is Bendy? Thanks

    • Steve says:

      Solihull

  • Steve says:

    Big fan of the all in one card offering. No FX fees, and the monthly fee easily covered by a little MS.

  • Alan says:

    Hi Rob,
    Do IHG points on the free card count for status. No mention of it on the headline information I received when I took out the card a few months ago.

  • Reney says:

    Any confirmation as to whether the old Curve Reward scheme is going away? The curve story is no longer pinned so I thought I would check here too.

    Have not seen anyone saying they have earned any curve cash lately and no one seem to have reported a confirmation from curve either way. Rob have you asked them?

    • Reney says:

      Apologies, just seen Tw33ty‘a comment 2 pages before.

      Just checked if my transaction from yesterday is showing curve cash earning, it has not. But not all hope has lost yet.

    • Genghis says:

      I earned some this morning for transaction on Monday. It’s a bit delayed but still coming through.

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