British Airways refuses to give compensation to passengers – despite landing at wrong airport
British Airways has refused to give compensation to approximately 200 passengers whose flight from Malaga to Gatwick was diverted to Heathrow.
The airline cited EU regulations in its decision, sparking controversy and frustration among those affected by the June 28 flight.
The incident occurred when a British Airways plane blocked the runway at Gatwick, causing the airport to close for landings for 50 minutes.
As a result, 16 flights were diverted, including BA flight 2641 from Malaga.
Passengers expected to receive compensation for the delay and inconvenience, as they arrived at their intended destination well over three hours late.
However, BA appears to be relying on a clause in European Union guidance that treats all airports serving a single city as equivalent.
The diverted flight landed at Heathrow with the intention to refuel and continue to Gatwick.
But the situation took an unexpected turn when Stanley Johnson decided to disembark along with another passenger.
Richard Davenport, a passenger on the flight, told The Independent: “The plan was to refuel, and the aircraft was given a slot to fly to Gatwick.
“However, as Stanley Johnson decided he wanted to get off – along with another passenger – we subsequently missed the slot.”
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This decision led to further delays and ultimately resulted in the cancellation of the flight.
Passengers were then required to go through immigration at Heathrow and take a bus to Gatwick, causing significant inconvenience.
Passengers have expressed their frustration with BA’s decision to deny compensation.
Despite her appeal, BA maintained its position, offering an opaque explanation: “The diverted flight reached your destination within three hours after your scheduled arrival time irrespective of the destination.”
Fellow holidaymaker Annemarie expressed her disappointment to The Independent, saying: “It appears they seem to think that getting us to London was sufficient, despite the inconvenience caused by our daughter going to Gatwick to collect us only for us to be offloaded at Heathrow.”
British Airways’ decision to deny compensation is based on EU guidance which claimed “the airport of arrival and the airport of the original final destination serve the same town, city or region”.
The Brussels-derived interpretation could save the airline up to £70,000 in compensation payouts.
However, passengers argue that Heathrow and Gatwick are distinct airports with different facilities and transport links.
Meanwhile, passengers flying on the next two Airbus flights could receive £350 in compensation due to the cancellations and delays.
Johnson, who is the father of former Prime Minister Boris, maintains that the captain invited passengers to disembark at Heathrow.
He said: “Three of us seized the opportunity and proceeded to the front exit, and waited on the steps outside the cabin for transport to the terminal.”
The 84-year-old added: “Very sorry for inconvenience caused but it wouldn’t have happened if the authorities hadn’t screwed up by announcing the ‘disembark here’ option without being able to deliver it.”
BA’s final communication to Annemarie stated they would share feedback with relevant managers to prevent similar issues in future.