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Old Jan 22, 2016, 7:38 am
  #19  
ft101
 
Join Date: Jan 2010
Posts: 9,302
Thank you for your mail. We inform you that, contrary to your mail, the flight had not been cancelled (i.e. the non-operation of a flight which was previously planned and on which at least one place was reserved) but was delayed. In the end, it indeed departed the next day. As per the regulation mentioned earlier, a flight which is delayed, irrespective of the duration of the delay, even if it is long, cannot be regarded as cancelled where the flight is operated in accordance with the air carrier’s original planning.
Refer them to the Sturgeon and Bock cases where it has been ruled that a delay of 3 hours or more should be treated as a cancellation for purposes of compensation.
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