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Seems like an odd question with an obvious answer, but how long is 14 days? How is it calculated?
My flight was cancelled on 23rd July @ 09:55. My flight was due to leave on 5th August @ 11:35
I make that 13 days, 1hr and 40 mins and therefore eligible for compensation. Virgin say its longer than 14 days.
Is there some strange way of doing the calculation that would make them right.
Was this last year? What was the reason for the cancellation? If due to ATC issues or other peak travel time disruption, cancellation may not be payable in any case.
@Tom i agree with you. 14 days before 5 Aug would be 22 July.
It was 2022 and was LHR to LAX. Reason given was:
“This difficult decision has been taken following recent passenger capacity restrictions imposed by Heathrow to support overall operational resilience.”
I’m pretty sure about the other details. I think due to the restrictions being notified to airlines quite far in advance, other claims for compensation have been approved. I have been looking at EU261 regs. I think the calculation for the 14 days excludes the day of departure, so for a 5th August departure they would have to notify me by 22nd July at the latest, but I wanted to check as I know lots of you have a more detailed understanding of the rules than I do
TBH I think VS may have a get-out here because this was imposed on them by LHR, so beyond their control (I recall the capacity issues over the past couple of summers which is why I asked), but if they’re choosing to only quibble about the 14-day issue then it might be worth pushing back!
I’m no expert on the issue, but I think due to the length of notice the airlines were given about the capacity restrictions it has been seen as an operational issue, when claims have gone to arbitration, and compensation has been awarded.
Ask them for their final position and if necessary, then just start an Aviation ADR claim.
IIRC whilst the general need for restrictions was promulgated well in advance any actual restrictions for a particular day werent notified to airlines until much closer to departure date once passenger numbers were firmed up.
The capacity issue was passenger numbers being able to clear security or passport control and baggage handling etc rather than the number of aircraft arriving and departing.
If other claims in similar circumstances have won at arbitration then @Tom should follow that route with a carefully crafted claim.
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