coltonatx

I flew first class ORD-HKG-HKT last week & made a terrible, honest mistake: I misread visa requirements for Thailand. I assumed i would be allowed to apply for a visa at arrival, but I was wrong.

I wasn't asked any questions during check-in in Chicago or connecting in Hong Kong. I'm a US permanent resident, and I'm used to being asked about visas & go through additional checks during check-in, but the CX agents at ORD didn't even blink.

When I arrived to Thailand, I was informed I couldn't enter the country without a pre-arrival visa due to changes between my home nation and Thailand that occurred in 2014.

I was separated from my partner who is a US citizen and forced to book return flights to Hong Kong. Once the ticket was issued, I was placed under arrest with no food or water for 6 hours until the flight boarded. I was able to get refund for some pre-arranged tours, but lost all the money from a hotel and connecting flight between HKT-BKK.

Being a Saturday, I wasn't able to apply for a visa in Hong Kong until Monday and successfully re-entered Thailand on Wednesday. Ironically, the CX agent in HKG did check I had a Thai visa before checking-in.

Up to what point is the airline responsible for checking documents before letting a passenger board?

I would have rather be denied boarding at ORD and apply for a visa at home than go through all the trouble of being detained, forced to book last-minute flights and hotels and lose money from reservations.

What should I do? I would at least like to write a letter to CX

SeeBuyFly

The airline checks docs for its own protection, because it may be fined and/or forced to fly the passenger out at no charge. While it may have a legal obligation to the destination country, it doesn't have any legal obligation to you regarding docs. It's your job to have the correct docs. I can understand that you want to blame someone because you were so severely inconvenienced, but you have no case.

Incidentally, I too noticed that CX did not check for my India visa when boarding at ORD in December.

Internaut

I don't know if there are any uniformly applied regulations. In the UK, the check in agents (for all airlines) seem pretty clued up and will not let you check in or board unless your arrival documents are in order (the agents Air France use, in MAN, had to find someone who could read French, before they would accept a landing visa for Kinshasa).

Another thing to bear in mind: Thailand is now a military dictatorship with scant regard for rule of law. When rule by decree is in effect, regulations may change more quickly than the airlines can deal with. First thing to do is write a polite letter to CX, and at least see what they have to say.

alphaod

I'm sorry this happened to you.

However I don't think there is a claim in this matter. Ultimately it's up to yourself to verify you have the proper entry documents.

That said you can write a letter to CX to what they say.

venk

The replies so far have been correct. Your inconvenience is entirely due to your oversight. Airlines check documents to protect themselves. They will have to carry you out at their expense and some countries also fine them for each such incidence. They are not guaranteeing your valid documents to anyone.

Letter may be cathartic to you, but unless you were a premium passenger or have status at CX, at most, you might get a form letter back.

Did CX make you buy the tickets back to Hong Kong and return with a visa? Legally, they are obligated to the refusing country to get you out of the country even if you refuse to pay. But nothing prevents them from coming after you.

However, I was involved in a very similar situation, with a different country and AA when the country's website and the immigration officer at the airport disagreed with each other. It didn't make sense for me to go back but AA transported me back to the previous airport and eventually I was able to rearrange my rest of the itinerary with a lot of rerouting with no charge. But this was through their elite status phone agents as I had top tier status at the time. I still had to go through a lot of phone calls to get it done sitting at the airport.

I would suggest pleading with CX in that additional ticket angle to see if they might reimburse or provide a voucher. They are not obligated to. I wouldn't hold my breath and not try to bring up your losses within the country. It is irrelevant even if you intend to make them feel guilty.

I would also not document using words like "arrested" for your own good. In the future, you may have to fill out forms that ask things like if you have been deported out of any country, or arrested in any.

Technically, you were just denied entry for not having the required visa. You can truthfully say you have never been deported or arrested in any country for an incident like this. You do not want any paper or email sitting around somewhere with you claiming you were arrested or deported just to get some compensation from an airline. It is not worth even the minuscule risk of that coming to bite you later.

orbitmic

I am really struggling to figure out why. As others have said, the responsibility to carry correct documentation for the country of destination lies wholly and solely on the passenger. The airline has absolutely no responsibility to you in this regard and the only ones who can tell them off are the Thai authorities who may well have imposed a fine on them.

In your case, as you very rightly pointed out, you just made a mistake and I'm not sure why you would blame anyone else - airline included - for it. I have no doubt that your mistake was honest as you pointed out and that you will double check entry requirement on your next trip.

bagold

Really? What rules of law have they disregarded?

Internaut

Any rule of law they want. That's the point. They're a dictatorship. They can do that if they want to. The day a certain nation I'm familiar with decided to implement daylight savings, they might as we'll have nailed the order to a tree! We were given days, not weeks, to respond to it. I checked with the FCO directly, a couple of times, when it came to visits.

BTW, it's a cynical old world out there. It's a hell of a lot easier if you just roll with it.

s0ssos

Why is it an "honest mistake"? What is a dishonest mistake?

Internaut

Colloquial English. Of course, there is no such thing as a dishonest mistake. I think the idea of honest mistake comes from American English. It adds a kind of emphasis to the mistake (i.e. "I walked into this situation with no idea that I might have been doing something wrong.").

I think we can take the OP at his word that this was a genuine (i.e. honest, to use the colloquial Englisn) mistake. Thailand changed the rules, and someone got caught out. It's a complicated world.

File it under "---- happens" .

venk

Am sure it is a rhetorical question but it is usually meant to imply unintentional mistake (that you didn't know you were making) vs intentional "mistake" like for example leaving out something unfilled in a form hoping to get away with it unless you were caught in which case you claimed you made a mistake.

Scott Walker's drafting errors of Wisconsin Ideal or NBC's Brian Williams' embellished reporting would not be judged honest mistakes by non-partisans. Obama saluting with a coffee cup would be considered a honest mistake except in partisan politics.

Mistakes can be irresponsible, dumb, etc and still be honest.

Airbridge

Well you could start by learning to take personal responsibility for your own mistakes, honest or otherwise.

coltonatx

Thank to those with constructive comments.

seawolf

CX contract of carriage (14.3) states passenger to reimburse CX if it is fined by immigration authorities due to denied entry. If so, they may be the ones sending you a letter.

Guy Betsy

What passport do you hold?

You also stated that you misread the visa requirements for Thailand.. and that you assumed that you would be allowed to apply for a visa upon arrival.

You should never assume. If it isn't clear.. always ask till it is.