raistlin

Hi all,

I want the opinions of experienced fellow EU travellers on this situation (happened to a non-frequent-flyer friend).

He has been denied boarding and removed from a flight from the US to Europe (after being checked in via web) by the baggage drop-off staff of KLM, due to his passport being in bad shape.

The Italian consulate says the passport is worn out in a way which is normal for that type of passport, and the TSA would have accepted it with no issues.

Is this person entitled to denied boarding compensation and reimbursement of ticket?

My opinion is as follows:
- the only reason the airline needs a passport for is to identify the traveller
- the secondary reason is to check the person can enter the destination country without being deported
- my friend is a EU citizen, so he doesn't even need a passport to re-enter Europe, see: http://register.consilium.europa.eu/...15010.en06.pdf art. 3.1.1 and following
- the TSA as the other concerned agency was OK with the document

Therefore boarding was denied without cause and compensation is due.

Thoughts? Cases you've seen happen?

Often1

1. No. OP's friend is due nothing.

2. TSA checks passports for ID purposes only.

3. Carriers do check passports (and other docs) because they are liable to a significant fine and all of the costs associated with repatriating the pax if he is denied entry based on insufficient docs.

4. IDB applies to oversold situations only. Urban myth to use it for other stuff.

All it takes is for one pax on that carrier to have been denied entry somewhere in the EU based upon a torn or otherwise loused up passport and it's easier to offload the pax than to run the risk.

kakapo24

is it up to the check in staff to do this by them self?

Surely it is CBP to determain the valididty of the document

Was he just visiting the US. If if was good enough to alow entery then it's funny not to leat him leave.

I know of someone detained on entery to the US due to a damaged passport while custems cheched out the identiy of the person, after discussion with thier consulite they were admitted.

GUWonder

1. Perhaps the OP's acquaintance is due something from KLM even if in your desires you don't/do wish him to be.

2. TSA checks passports for ID and other purposes sometimes. They sometimes even ETD swab them or their holders still.

3. Significant fines for denied admission don't lawfully apply in situations like that of the OP's acquaintance when he is a recognized admissible citizen of the country/area to which he is headed.

4. IDB applies for more than just oversold situations. Note that US rules are not the only ones applicable.

raistlin

As I already mentioned, a EU citizen can re-enter the EU with any type of document proving citizenship, just like a US citizen re-entering the US.

You evidently don't know well the EU rules.

raistlin

That's precisely what amazes me.

He's here on a student visa. So yes, precisely, funny that his passport was good enough for him to be admitted to the US and not to fly back to his own country!

Yup, but this cannot possibly happen the other way round, you'll admit. He was going HOME! :-)

cordelli

Not sure we need another thread on the airline denying passage because they didn't like the documents.

But it happens all the time. If the airline is concerned that the person would not be let into the country because of the documents, you are probably not going to be boarding the flight.

jphripjah

the airline staff wasn't satisfied as to his European identity/citizenship because his passport was messed up.

So what happened to his passport? He ran it through the washing machine? Frat brother ate it?

GUWonder

Not sure why you are asking such questions given what was already mentioned, but the answer is again indicated below:

Passport's normal wear, as mentioned in the OP, was confirmed by the Italian consulate, and yet the airline rep was making an issue of the normally worn passport accepted by the Italian and US governments.

KLflyerRalph

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cestmoi123

1. Based on the OP, it looks like the Italian consulate said "this is normal wear" AFTER the person was denied boarding. If the passport was so banged up that the passenger went to the Italian consulate prior to boarding the flight, to check if his passport was in an acceptable condition, then he could have gotten some sort of additional documentation from the consulate, or a temporary passport.

2. It doesn't really matter what CBP says, they're not in charge of admission to the EU. They might be a data point of what a reasonable border security agent might say, but that's about it.

3. It comes down to a judgment call by the KLM agent. To get compensation, the passenger would have to show that the KLM agent's actions were unreasonable.

OP, your friend should probably file for compensation, but the case won't be a slam dunk by any means.

KLflyerRalph

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GUWonder

Of course the fact of the matter is that the wear was considered normal wear by those better informed than a random check-in agent. And the passport was less worn at the time of check-in, and yet the KL check-in made an issue about normal wear.

The KL check-in rep is not in charge of admission into the EU, and yet acted as if.

The KL check-in rep made a questionable judgment call and involuntarily denied boarding to a passenger who ought to seek remedy for KL's judgment call that resulted in an IDB situation.

WilcoRoger

I would chase it - EU citizens have inalienable right to enter the EU, no matter how worn their passport may be. (even less so, if it's a biometric passport, but doesn't really matter)

The passanger identified himself with a valid EU passport - from then on, it's the KLM agent misguided call to deny boarding. Did the passanger escalate at the airport? Station manager, flight captain?

WilcoRoger

So where do you repatriate an EU citizen arriving to the EU??