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You should claim compensation under the denied bording regulation of the European union. I think you are eligible for 250 Euros each. This may not be a lot for a missed wedding, but it is a good amount of money. And the legal situation is crystal clear.shokishoki wrote:I was stopped from boarding a flight to Switzerland from London by airline personnel who insisted that I required a Swiss visa.
No, ignorance is not a legal basis to refuse boarding. After all, it is their job to know whether someone may go to Switzerland or not.Is there a legal loophole they can exploit in denying passengers carriage simply on the grounds of "reasonable suspicion"?
I am not a lawyer, but I should have thought that even if they can deny boarding on the grounds of "reasonable suspicion", the suspicion in this case was not "reasonable". The Swiss immigration rules are there in black and white, and if people like us can understand them there is no reason why an airline can't understand them too.shokishoki wrote:My question is, are airlines allowed to do this? Is there a legal loophole they can exploit in denying passengers carriage simply on the grounds of "reasonable suspicion"?
Does it matter that the destination was outside the EU?thsths wrote:You should claim compensation under the denied bording regulation of the European union.
No, as long as you start from an EU airport, you are covered. And personally I would save the money for a lawyer, just read up a bit on the subject. The directive is written as clear and precise as you would like all law to be. A small claim is reasonably affordable, and you should be able to claim your fee, the price of the tickets (as long as you booked all legs together) and the compensation. Dealing with the airline or the AUC is probably just a waste of time.Christophe wrote:Does it matter that the destination was outside the EU?
Well, at the risk of seeming unduly repetitive, I'd say that their suspicion was not reasonable. "Reasonable suspicion" relates to suspected fraudulent documents, illegible stamps that might have been tampered with, and the like — not to a failure on the part of airline staff to know and apply the rules.shokishoki wrote:thsths. Thank you. I just did a Google search and I have had a look at the regulation you advised on. I am very interested in pursuing this option but the wording seems to relate to boarding denied on the basis of overbooking or flight delays. Will the regulation cover my particular case. I am just slightly concerned because the reply from the airline was worded "reasonable suspicion". I do not consider their actions reasonable but does the term allow them to escape their obligation to pay compensation as well as a refund in instances such as mine?
Oh don't apologise to me — no offence intended, I'm sure, and no certainly no offence taken. As I said, I was just repeating myself anyway (an irritating trait, so it's probably I who ought to apologise to you).shokishoki wrote:My apologies Christophe. I appreciate all the advice. Will draft another letter tonight to the airline management stating that I intend to seek legal advice and I will include a paragraph relating to the EU regulation on denied boarding. I will update the board on the outcome of my case. Thank you everyone especially Christophe and Thsths.
Sue them.. This will make them think twice before discriminating again.shokishoki wrote: I am just slightly concerned because the reply from the airline was worded "reasonable suspicion". I do not consider their actions reasonable but does the term allow them to escape their obligation to pay compensation as well as a refund in instances such as mine?
Personally I think they had their chance, and it is unlikely that you will get a better offer. Anyway, if you want to write another letter, make sure to add up your claim. That is the price of the tickets, twice 250 Euro, and you should also add in any further costs you had (like traveling to the airport). Maybe they will realise that you are serious. And set a deadline, say 10 working days.shokishoki wrote:My apologies Christophe. I appreciate all the advice. Will draft another letter tonight to the airline management stating that I intend to seek legal advice and I will include a paragraph relating to the EU regulation on denied boarding.