BA changed destination instead of cancelling flight - compensation options?

elsien

Although it might have been just as easy to get the coach that was offered, which the children would probably have been asleep on anyway, and then get a taxi at the other end instead of the night bus/whatever combo.

bagand96

When these situations happen the airlines can sometimes be damned if they do and damned if they don't.  Whilst your preferred option wasn't a diversion to Birmingham and a coach to Heathrow, I expect many passengers were happy to be back in the UK, even if very late.

Cancelling the whole flight or delaying until the next day would have meant an aircraft and crew out of position (and a crew likely needing legal rest before operating again).  Also would mean finding hotels late at night in Rome for the plane full of passengers and transport to and from.

Even giving passengers the option of flying or staying behind they still have that issue of hotels, and finding alternative flights (at a very busy time - end of school holidays).  Being blunt, if the aircraft was going anyway then why incur that extra expense and hassle?

Your rights are governed by EC261.  Whilst that doesn't cover Diversions explicitly, it does cover delays and cancellations and does refer to re-routing.  It says "re-routing, under comparable transport conditions, to their final destination at the earliest opportunity".  Can see why you made the decision you did, however I'm not sure a taxi to your home is comparable to public transport to Heathrow.

There is no harm in asking BA though, don't ask don't get, but I'm not sure there's any entitlement to it.

jimi_man

Hi. In answer to a question in your OP about whether you can claim the cost of the flights back. The answer is no. Effectively you’re asking for a refund however the airline have provided transport to your destination so they’ve fulfilled their contract. 

I’m puzzled by a statement in your first post. 

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. 

Why would you want a refund? That would mean that you are stuck in Rome and BA no longer have a responsibility to get you home or to find you a hotel or anything. So you then have to find four seats on a flight to LHR leaving the next day (after having to pay for a night’s accommodation). Last minute tickets generally aren’t cheap!!! I’d be surprised if that would be under £1000 for all of you   Rarely, if ever, is it wise to take a refund. 

schmuel

Thanks Jimi.

To answer your question - for us, changing flights would have been the best option by far. We could have stayed the night in a hotel in the airport, got up and flown home on any one of the 6 BA flights the following day that had 4 seats (at least) available. Far better and more comfortable for us than an all-night trek across the country. I only mentioned refunds as well because I understand that the airline is obliged to offer both options to passengers (we would have taken replacement flights).

I think the airline was being dishonest because they opted to get everyone on the plane before mentioning the possibility of re-routing us. As soon as we were sat down and strapped in, the pilot effectively admitted we weren't going to London - they didn't have a slot at Heathrow and we were going to arrive too late to get a standard slot. In my view, they should have just told us all this and given us the option of changing flights, rather than effectively forcing us to go to another city. We feel deceived by them. 

I will mention this in our compensation claim and will also ask for the taxi fare, but consensus seems to be we're unlikely to get anything beyond the statutory 250EUR - and I can accept this, it's what's in the legislation after all, but that doesn't mean I'm not disappointed with the way BA treated us.

silvercar

No guarantees but you may be lucky with taxi fares. If you make clear you are claiming on behalf of each person so 4 x £60 for each individuals share of the taxi fare they may pay up. I’ve read on FlyerTalk that £50 per person isn’t unreasonable, so they could just pay it to make the issue go away.

silvercar

I’m not sure an airline is obliged to offer passengers the option to take an alternative flight if theirs is delayed. For cancellations you have more leeway, but for a delay the options are refund or travel.

Westin

schmuel said:

Thanks Jimi.

To answer your question - for us, changing flights would have been the best option by far. We could have stayed the night in a hotel in the airport, got up and flown home on any one of the 6 BA flights the following day that had 4 seats (at least) available. Far better and more comfortable for us than an all-night trek across the country. I only mentioned refunds as well because I understand that the airline is obliged to offer both options to passengers (we would have taken replacement flights).

I think the airline was being dishonest because they opted to get everyone on the plane before mentioning the possibility of re-routing us. As soon as we were sat down and strapped in, the pilot effectively admitted we weren't going to London - they didn't have a slot at Heathrow and we were going to arrive too late to get a standard slot. In my view, they should have just told us all this and given us the option of changing flights, rather than effectively forcing us to go to another city. We feel deceived by them. 

I will mention this in our compensation claim and will also ask for the taxi fare, but consensus seems to be we're unlikely to get anything beyond the statutory 250EUR - and I can accept this, it's what's in the legislation after all, but that doesn't mean I'm not disappointed with the way BA treated us.

Operationally I doubt it so easy and clear cut.

Every chance BA OP’s were indeed still negotiating with LHR to allow you to land.

Taking you and your family, plus perhaps hold luggage, off the aircraft would likely delay the departure further. That just means an even longer delay, a worst arrival time into BHX (or LHR) and a risk crew might even go out of their legal permitted working hours, resulting in a much longer delay for all, or even a flight cancellation.

jimi_man

schmuel said:

Thanks Jimi.

I think the airline was being dishonest because they opted to get everyone on the plane before mentioning the possibility of re-routing us. As soon as we were sat down and strapped in, the pilot effectively admitted we weren't going to London - they didn't have a slot at Heathrow and we were going to arrive too late to get a standard slot. In my view, they should have just told us all this and given us the option of changing flights, rather than effectively forcing us to go to another city. We feel deceived by them. 

Hi

Just to explain the night landings bit from someone that worked there. 

The airport doesn’t shut and doesn’t ban night landings. Heathrow has a quota per year and per night. It’s quite complex and is also based on the quietness of the plane. 

What this means in practice is that the airline probably didn’t know whether they’d be allowed to land and were hoping that they’d be allowed to however in the event they weren’t. 

Notwithstanding that, it’s still far preferable to get as far as you can by plane then the last bit by coach/bus whatever. Happens relatively frequently to the Gibraltar flight which lands in Spain sometimes then buses them the last bit. 

The alternative (staying the night in Rome) is too expensive and too disruptive to the passengers. Also there was no guarantee if you changed flight, that there would be room on the morning flights. Rome is a busy destination, especially at this time of year. 

bagand96

schmuel said:

Thanks Jimi.

To answer your question - for us, changing flights would have been the best option by far. We could have stayed the night in a hotel in the airport, got up and flown home on any one of the 6 BA flights the following day that had 4 seats (at least) available. Far better and more comfortable for us than an all-night trek across the country. I only mentioned refunds as well because I understand that the airline is obliged to offer both options to passengers (we would have taken replacement flights).

The Legislation states that when a flight is delayed by 5 hours or more then you are entitled to a refund if you choose not to travel. Although if you take that it ends the airline's obligations, no overnight accomodation etc and I don't think you're entitled to compensation.

Also in your case it didn't become apparent the arrival at LHR was going to be 5 hours+ until you were boarded and on your way.

schmuel said:

I think the airline was being dishonest because they opted to get everyone on the plane before mentioning the possibility of re-routing us. 

As others have said everyone will have wanted to get you, the aircraft and the crew to LHR and they'd have been doing everything they could to make that happen. Arrivals outside of the night curfew are possible, but ultimately not BA's decision. 

schmuel

Thanks all - interesting to get insights from people who have experience in the area. Perhaps I have been too hasty to heap blame on the airline!