BA2851 (Faro to Gatwick) cancellation help

[maccymac]

BA cancelled BA2851 5 hours before departure. Only offering BA507 to Heathrow which lands an hour later.

Problem is that my car is parked in long stay at Gatwick.

Called BA call centre and they don’t have any options to rebook to LGW this evening. Refusing to rebook on 15.45pm easyjet, ‘because it’s a LCC’. Won’t confirm my rights under UK261 even when requested.

Questions:

1. Will BA pay for an Uber from Heathrow to Gatwick? Is that under their duty of care? By the time I get out of Heathrow there won’t be any trains. My fear is that BA will claim that they got me to London… which is the end destination in their view.

2. Can I claim UK261 compensation if my Uber arrives at LGW 2 hours after my scheduled landing time? (Hence the Uber so that I can provide time of arrival evidence).

I am honestly sick to the back teeth with BA. I don’t take many flights with BA but almost every one ends up with a delay or cancellation. Perhaps I’m just unlucky. Thank you in advance for the advice.

[JDB]

BA should pay for your reasonable transportation costs between Gatwick and Heathrow on a pay now, claim later basis (Article 8.3). Re UK/EC261 compensation based on your (surface) arrival time at LGW, it’s very unlikely. There has been an ECJ case about this but it was in response to a theoretical question posed by a regional court. The practical outcome/application is somewhat ridiculous as it would, e.g., incentivise passengers to hang around in a coffee shop to increase their compensation.

[maccymac]

Thanks JDB. Understand your point about incentives.

Even if compensation is not due is there not a way to hold BA to account? What’s to stop them selling tickets to flights to LGW and LHR from the same origin and consolidating them onto one flight because it’s more economical for them and not worry at all to the disruption to passengers?

[JDB]

The provisions of UK261 are far more generous than any (rather limited) contractual rights that might apply in the event of a cancellation and resulting extra costs incurred by the passengers, so no, there’s really no other way of holding BA to account. I don’t know why your flight was cancelled but it won’t be in order to consolidate the flights.