Originally Posted by
Flip42
With "promptly" you probably refer to "unverzüglich" as defined in § 121 (1) BGB. Please keep in mind that according to German Courts' interpretation "unverzüglich" allows up to 14 days of consideration and getting legal advice. It depends - of course - on the circumstances of every individual case but in my opinion German courts would probably allow 14 days in this case.
Thats right. However, taking into account the special circumstances of online bookings/online business some courts have decided that "unverzüglich" should not be more than 2 (OLG Hamm) or 4 days (AG Stollberg).
As stated if BA has good reasons to do so i would maybe say 2-5 days response time might be OK as well taking into account that (i) the know the mistake on thursday and (ii) just cancel the booking on Friday.
I would assume (in front of a court) due to the cancellation on Friday they already had the legal opinion, therefore I see 2 weeks as hard to defend