BA changed destination instead of cancelling flight - compensation options?

schmuel

Hello,

Would welcome any advice on our experience with BA yesterday.

In short, our Sunday 19.45 flight from Rome FCO to Heathrow (due to land 21.20 UK time) was delayed due a technical issue with the plane. In the end, we were herded onto the plane around 22.30 and eventually left Rome at approx 23.15.

After we'd boarded the plane, but before we'd taxied anywhere, we were informed by the pilot that there was an issue with our slot at Heathrow and that there was a risk that we would not be able to land there by 12am, which is apparently their cut-off time for landings. The pilot stated that BA were trying to negotiate a 'night jet' slot to allow us to land.

There were no further pre-flight announcements, but we did take off around 45 minutes later. Around 12.20am UK time, approx 2 hrs into the flight, the pilot then informed us that BA had failed to negiotiate a slot for us at Heathrow and that we were about to land in Birmingham. We landed there at approx 12.40am. 

BA provided a coach for passengers to LHR terminal 5 which left around 2am. I was travelling with two small children and didn't think I could put them through a coach, then some route back to east London on public transport at 4am on a Monday morning. 

I am fairly certain that I can claim the 250EUR per passenger compensation for the 3+hour delay, and I will argue for the taxi as a reasonable cost as well given the time of night and age of the children in our party.

I am keen to hear any thoughts about claiming for the cost of the flight itself though; reading between the lines, it seems pretty clear to me that BA were fully aware that we would not be able to land at Heathrow before we had left Rome, because we did not have a slot to land and would not make the 12am cut-off - but rather than cancelling the flight and incurring all the associated costs, decided to send us somewhere else instead. I think if the airline had been honest with its passengers they would have had to give us the option of changing flights or getting a refund. 

Very interested to hear others' thoughts on this. I may well have completely the wrong end of the stick!

Many thanks

sammyjammy

Why is a taxi any better than coach?  I would imagine you cannot claim for the taxi when they provided adequate transport that you could have used and would have been suitable for small children.

Mark_d

sammyjammy said:

Why is a taxi any better than coach?  I would imagine you cannot claim for the taxi when they provided adequate transport that you could have used and would have been suitable for small children.

Completely agree.  I think most people would consider that the coach transfer was not an unreasonable offering from the airline.

schmuel

Well, my logic is that the coach was taking us to Heathrow T5 and we would have got there around 3.30 or 4am on a Monday morning. We'd still have had a 1.5-2hr onward journey across London to get to our house, assuming public transport options were actually running (pretty certain Elizabeth and Picadilly lines wouldnt have been). Fine if you're trying to do it at 10pm, not so much at 4am. I dont think it's reasonable for the airline to expect us to do that with kids after such a terrible experience. I can see it's not really clear cut though - will argue for it and see what they say.

I'm more interested in the actual flights, as I'm pretty certain BA knew they weren't going to get us to Heathrow. 

Ayr_Rage

schmuel said:

Hello,

Would welcome any advice on our experience with BA yesterday.

In short, our Sunday 19.45 flight from Rome FCO to Heathrow (due to land 21.20 UK time) was delayed due a technical issue with the plane. In the end, we were herded onto the plane around 22.30 and eventually left Rome at approx 23.15.

After we'd boarded the plane, but before we'd taxied anywhere, we were informed by the pilot that there was an issue with our slot at Heathrow and that there was a risk that we would not be able to land there by 12am, which is apparently their cut-off time for landings. The pilot stated that BA were trying to negotiate a 'night jet' slot to allow us to land.

There were no further pre-flight announcements, but we did take off around 45 minutes later. Around 12.20am UK time, approx 2 hrs into the flight, the pilot then informed us that BA had failed to negiotiate a slot for us at Heathrow and that we were about to land in Birmingham. We landed there at approx 12.40am. 

BA provided a coach for passengers to LHR terminal 5 which left around 2am. I was travelling with two small children and didn't think I could put them through a coach, then some route back to east London on public transport at 4am on a Monday morning. 

I am fairly certain that I can claim the 250EUR per passenger compensation for the 3+hour delay, and I will argue for the taxi as a reasonable cost as well given the time of night and age of the children in our party.

I am keen to hear any thoughts about claiming for the cost of the flight itself though; reading between the lines, it seems pretty clear to me that BA were fully aware that we would not be able to land at Heathrow before we had left Rome, because we did not have a slot to land and would not make the 12am cut-off - but rather than cancelling the flight and incurring all the associated costs, decided to send us somewhere else instead. I think if the airline had been honest with its passengers they would have had to give us the option of changing flights or getting a refund. 

Very interested to hear others' thoughts on this. I may well have completely the wrong end of the stick!

Many thanks

There was absolutely no reason for BA to cancel the flight if they were aware that the technical issue was likely to be resolved.

It was.

Probably 150 or so people got back to the UK under 4 hours late, albeit to an alternative airport and were then provided transport to the original intended destination.

What you think is pretty clear is not necessarily the case.

You should be able to claim the delay compensation but as you declined the transport that was provided I hope that covers the cost of your taxi as you've very little chance of being reimbursed for that fare.

Wonka_2

I’m not up to speed with ‘rights’ but I’ve done enough re-routed flights over the years and have rarely seen alternative transport claims accepted where the airline have laid on transport to the original destination. Occasionally I’ve seen them accede to requests for transport home from the original destination if no other transport available due to arrival time. 

On the basis you’ve already made the journey by taxi then hopefully the compensation (assuming it’s a valid claim) will cover the taxi cost. 

ETA looked like I crossed posts with @Ayr_Rage - but the message is very similar 

saajan_12

I do understand a sleepless night would be difficult especially with children, and genuinely wonder at what point that's unreasonable for anyone. After all airlines have to provide accommodation as needed, presumably they can't keep you at the airport shuttling between gates for 12/24/36 hours if it was before the flight. 

So if you'd claimed a hotel before taking public transport back that might address that issue? However in your case, leaving at 1am (after getting through the airport and sussing out transport options) and driving from Birmingham to London would likely be 3-4am anyway - granted earlier than a coach + train, but still most of the night gone. 

schmuel

Thanks all - seems fairly unanimous. 

Taxi was (a very reasonable) £240 all the way home so easily covered by the 4x250EUR compensation for delay. 

We got back about 3.30am. The bit about the coach that seemed really difficult to face was the 4am transition at LHR from the coach to some unknown train+tube+night bus combo, waking beyond-knackered kids up in the middle of the night and shepherding them around London for hours. So was worth the expense for us I think, whether we get it back or not. 

Re the plane leaving Rome - I get that personal circumstances play a part here, and I'm sure there were lots of people on that flight that would have preferred landing in Birmingham+a coach to staying in Rome and travelling the next morning, but that most definitely wasn't us! And the airline must have known there was a very high chance that that's what would happen before we took off, because of the 11.30pm Heathrow landing slot cut-off that we were never going to make. Could we have refused the flight if we knew it was going to a different airport..? I'm not sure what the rules are.

Overall I'm pretty disappointed in the airline, doesn't feel like they had our interests at heart. Not helped by the flight not having any food on board at all, and staff in Rome saying they apparently weren't authorised to provide refreshment vouchers even after two hours delay 'in case we need to take off quickly'.

But as I say, personal circs are probably key and other passengers might feel differently.

la531983

The first Tube is at 5.09am and first Lizzie Line is at 5.15am. By the time you would have got to Heathrow on a coach (much slower than a car), collected bags, and walked to the station, it wouldn't have been far off 5.09am.

schmuel

Yes - I'm not suggesting we wouldn't have got home. Getting the first tube at 5.09 might have got us back by 7am.

My view, however, is that it is not reasonable for the airline to expect passengers to travel throughout the entire night on several different modes of transport, especially when they have young children. A £240 taxi is justifiable. Just my view obviously and others may disagree (including, I suspect, the airline!).

silvercar

 “Could we have refused the flight if we knew it was going to a different airport..? I'm not sure what the rules are.“

You can always refuse a flight. You wouldn’t be entitled to delayed arrival compensation if you chose not to take it. BA may have had sympathy and put you up in a hotel and flown you the following day, if they had room on the flight. No guarantees. 

I’d try posting on https://www.flyertalk.com/forum/british-airways-british-airways-club-446/ for all things BA. plenty of threads on there about delays.