Around 200 passengers on the British Airways “Stanley Johnson” flight from Malaga to London Gatwick that was diverted to Heathrow will not get compensation for the delay and inconvenience.
On 28 June 2024 a British Airways plane blocked the runway at Gatwick, which was closed to landings for 50 minutes. BA flight 2641 from the Spanish city was among 16 diversions – one as far away as Brussels. The Airbus A321, with the former prime minister’s father on board, landed at Heathrow. The plan was to refuel and fly on to Gatwick as soon as possible after the runway at the Sussex airport reopened.
One passenger, Richard Davenport, 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.
“It took a few hours to sort and ultimately BA cancelled the flight. All passengers then had to deplane, proceed through immigration and then take a bus to Gatwick.”
Read more: Air passenger compensation: What are your rights when a flight goes wrong?
With passengers arriving at their intended airport well over three hours late, some assumed that British Airways would be liable to pay delay compensation for the incident.
But BA is relying on a clause in the European Union guidance on compensation that treats all airports serving a single city as equivalent. It could save the airline up to £70,000.
Another passenger, Annemarie from south London, claimed for compensation but was told by British Airways: “We’re sorry your flight from Malaga on 28 June with us was delayed. We know this isn’t what you expect when you travel with us, and we understand why you needed to complain about it.
“Your claim has been refused because the diverted flight reached your destination within three hours after your scheduled arrival time.”
She challenged the decision, saying: “We did indeed land within the three hours, but it was the wrong airport! We never made it to Gatwick on the plane because the flight was cancelled, mid-journey, at Heathrow.
“When we purchased our flights we expected to take off and return to Gatwick. That was the contract. British Airways failed to fulfil it. If we had wanted to fly to/from Heathrow we would have booked that route in the…
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