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How is 14 days for flight cancellation compensation calculated

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  • heather

    Hi
    Ive searched but couldn’t find an answer so sorry for such a basic question.
    Does the 14 days include departure day
    For example if a flight due to fly on 2 July is cancelled on 19 June is that 13 days before departure date or 14 days
    Thanks!

    JDB

    I don’t have any definitive answer, but the legislation actually says “unless … they are informed of the cancellation at least two weeks before the scheduled time of departure” rather than 14 days and it specifies the time of departure as well. I have never seen a case on this aspect, but since (I think) it looks as though your were advised on a Sunday that your flight on a Saturday was cancelled that doesn’t sound like two weeks and if the time the email was maybe sent was after the flight departure time, that would reinforce it. As always, unfortunately enforcing your rights may be harder, particularly with a flight so close, but I hope you get it sorted out to your satisfaction.

    I don’t know where your flight is to/from but if it was say LGW, the airline may cite ‘exceptional circumstances’ to avoid paying compensation as they were cancelling flights on instruction from the airport, but your rerouting/refund/duty of care rights should not be affected.

    • This reply was modified 52 years, 7 months ago by .
    ag

    Same scenario here. Cancellation email on Sunday 19th at 3am for a 10am departure on Saturday 2nd July. Have submitted the BA EU 261 claim but suspect it will not be granted.

    JDB

    Same scenario here. Cancellation email on Sunday 19th at 3am for a 10am departure on Saturday 2nd July. Have submitted the BA EU 261 claim but suspect it will not be granted.

    Not sure why you suspect it won’t be granted! It’s two weeks in the legislation and the 3am notification less than two weeks before isn’t within that, quite apart from the fact that no reasonable arbitrator/judge would accept a 3am notification is genuinely valid until normal hours, if say you had a 7am departure 14 days and a few hours later cancelled.

    ag

    Same scenario here. Cancellation email on Sunday 19th at 3am for a 10am departure on Saturday 2nd July. Have submitted the BA EU 261 claim but suspect it will not be granted.

    Not sure why you suspect it won’t be granted! It’s two weeks in the legislation and the 3am notification less than two weeks before isn’t within that, quite apart from the fact that no reasonable arbitrator/judge would accept a 3am notification is genuinely valid until normal hours, if say you had a 7am departure 14 days and a few hours later cancelled.

    I was thinking a combination of them saying 14 days is counting the day of notification as day 1 and also the fact it is a LGW flight so they will say the airport told them to cancel it.

    JDB

    As I say, the legislation specifies two weeks, not 14 days so no counting needed. They are nearly but not quite the same. Notification on a Sunday for a flight on a Saturday 13 days later is not two weeks, so the LGW aspect is irrelevant. As the instruction from LGW came rather late as in the day, the airlines must have realised that the first cancellations would struggle to avoid 261.

    ag

    Let’s hope so! I will report back.

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