Inched out of extra leg room on a Virgin long-haul flight

http://www.theguardian.com/money/2014/apr/14/flight-virigin-leg-room-charge-size-passengers

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I flew to Los Angeles from London Heathrow with Virgin Atlantic on 1 January, booking a seat with extra leg room which cost me £35 more.

The passenger in the aisle seat next to me was very large, which meant she was unable to put the armrest down and needed a seatbelt extension. I was in the window seat, squashed between her and the side of the plane and left with only half the width of the seat. A flight attendant said she couldn't do anything as every seat was taken, but suggested I write to complain.

The next day my back was excruciatingly painful and I was unable to make planned trips. I was still in pain when I returned to the UK on 22 January and attended a back care clinic. I had not previously had back problems.

Virgin's website clearly states that passengers who cannot put down the armrest must purchase a larger, or even an additional, seat. I have pointed this out in a number of emails but it has always avoided answering this point, stating most recently: "We will not be able to change our position on this occasion." After two months it added: "Should you have a medical note confirming that your back problems are directly linked to the flight, please forward them to us for further review."

I will provide a report from the physiotherapist but Virgin can always say there is no proof that the pain was caused by the flight. I have to attend a session at the clinic every week. JW, London

There is no standardised seat width in the industry and it depends on the airline and the type of aircraft, whether short-haul or long-haul and the cabin class. In your case you paid for a 17.5-in seat in economy.

There are two aspects to your complaint, which touch upon a delicate issue which Virgin describes as "passengers of a larger stature". (In the US, where obesity is an acknowledged problem, carriers have specific policies for "customers of size"). The first relates to the fact that you paid for a whole seat of a specified width but ended up with half a seat. That reduced comfort and, in turn, minimised your opportunity to enjoy the extra leg space you had paid for. The second aspect is whether the cramped seating conditions caused, or contributed, towards your back pain.

That is difficult to prove. You have submitted your physiotherapist's report although, apparently, this failed to confirm that the manner in which you were seated caused the pain and did not give a diagnosis. Virgin is refusing to accept liability for personal injury, saying that, when assessing any such claim, it would look at several factors such as hospital and doctors' reports, prognosis and any losses incurred.

After we got involved Virgin issued you a further apology for "the discomfort" and the "upset and pain". We double-checked Virgin's terms and conditions which state: "We know passengers of a larger stature may need an extra seat in order to travel safely and in comfort. It is for this reason that we ask passengers who cannot lower both armrests to book the appropriate number of seats at time of reservation." Virgin added that, while it relies on over-sized passengers to be honest and let them know of their stature, "it would be wrong of us to ask every passenger about their build". However, it seems unfair that a fellow passenger's failure to be honest should have such a negative impact on you.

As a goodwill gesture, Virgin has credited your flying club account with 12,500 miles – enough for you to upgrade your next economy class ticket. It has also sent you a cheque for the extra legroom charge of £35.

We think this is ungenerous and have suggested you continue to negotiate directly with customer services to switch the flying miles offer to a more meaningful currency. A solicitor has offered to take your case on a no-win, no-fee basis.

We welcome letters but cannot answer individually. Email us at consumer.champions@theguardian.com or write to Consumer Champions, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number