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On June 28, 2024, a British Airways aircraft obstructed the runway at Gatwick, resulting in a 50-minute closure for landings. Flight 2641 from Malaga was one of 16 flights that were diverted, with one even landing as far away as Brussels. The Airbus A321, carrying the father of the former prime minister, landed at Heathrow with the intention of refueling and then proceeding to Gatwick as soon as the runway at the Sussex airport reopened.
Passenger Richard Davenport shared with The Independent: “The initial plan was to refuel, and the aircraft had been assigned a slot to fly to Gatwick. However, when Stanley Johnson opted to disembark, along with another passenger, we missed our opportunity to take off.”
“It took several hours to resolve the situation, and ultimately, British Airways canceled the flight. All passengers were required to deplane, go through immigration, and then take a bus to Gatwick.”
Despite arriving at their intended destination over three hours late, many passengers believed that British Airways would be responsible for providing compensation for the delay.
However, British Airways seems to be invoking a clause in the European Union regulations regarding compensation, which considers all airports serving a single city as equivalent. This could potentially save the airline up to £70,000.
Another passenger, Annemarie from south London, submitted a compensation claim but received a response from British Airways stating: “We apologize for the delay of your flight from Malaga on June 28. We understand your disappointment and appreciate your feedback.
“Your claim has been denied because the diverted flight arrived at your destination within three hours of the scheduled arrival time.”
Annemarie contested the decision, stating: “We did arrive within the three-hour window, but at the incorrect airport! Our flight to Gatwick was cancelled mid-journey at Heathrow, preventing us from reaching our intended destination.
“When we booked our flights, we anticipated departing from and returning to Gatwick. That was the agreement. British Airways did not honor it. Had we intended to travel to/from Heathrow, we would have selected that route initially.”
British Airways customer service indicated that her claim had been assessed but was once again rejected. The explanation was unclear: “The diverted flight arrived at your destination within three hours of your scheduled arrival time, regardless of the final destination.”
Annemarie expressed to The Independent: “It seems they believe that simply getting us to London was adequate, despite the trouble caused by our daughter traveling to Gatwick to pick us up, only to find we were offloaded at Heathrow.”
The precise wording from the EU states: “A diverted flight where a passenger ultimately arrives at an airport that does not match the final destination indicated in the passenger’s original travel plan is to be treated as a cancellation unless ... the arrival airport and the original final destination serve the same town, city, or region.”
Mr. Davenport remarked to The Independent: “With our car parked at Gatwick, we had no option to simply leave from Heathrow. This left 99.5 percent of passengers feeling dissatisfied.”
Ironically, each passenger on the subsequent two flights that the Airbus was scheduled to operate is entitled to a claim of £350 in compensation. The journey from Gatwick to Heraklion and back was cancelled due to the delay.
Annemarie mentioned that she might pursue compensation based on the cancellation of the Heathrow-Gatwick flight. British Airways is reportedly reviewing her case.
The most recent message she received from British Airways stated: “We recognize the intensity of your feelings regarding this matter. When a customer expresses a concern, we relay that feedback to the appropriate manager and concentrate on measures to prevent a recurrence of the issue.”
In a related development, Stanley Johnson maintains that the captain extended an invitation to anyone wishing to leave the aircraft at Heathrow. He remarked to The Independent at that time: “Three of us took advantage of the opportunity and made our way to the front exit, where we waited on the steps outside the cabin for transportation to the terminal.
“Unfortunately, the authorities were unable to facilitate this! I sincerely apologize for the inconvenience caused, but this situation would not have arisen if the authorities had not mishandled the announcement of the ‘disembark here’ option without the capability to execute it.”