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Old Jan 25, 2016, 1:25 am
  #46  
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Old Jan 25, 2016, 3:51 am
  #47  
 
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Hi airotique (great handle!!),

Wow, sounds like another really poor CA experience at ARN! Glad that you were at least able to take your trip, although significant aggravation and extra costs were involved...

Originally Posted by airotique
I'm planning to alert IATA to this matter and ask them to confirm with their sources. If the TIMATIC entry is indeed correct, I feel CA has wronged us and at the very minimum we want to get our rebooking fees back. I find the way how the OP and we were treated by CA ARN unacceptable. Any advice on how to best proceed would be greatly appreciated.
You can certainly try the IATA route, but I fear that there is little chance that IATA will make any statements to you regarding TIMATIC, which is a service that is solely designed for, and sold to, its member airlines. Even if they do confirm the accuracy of their info (which I can personally confirm for PEK, since I was granted TWOV there for over 72 hours), there is no requirement for CA to use TIMATIC as the basis for its own policies.

In my opinion, your only hope for recourse is to get an official written statement confirming that your original itinerary was eligible for TWOV. The most logical places to obtain one would be the Chinese embassy or consulate at your place of residence, or the Beijing immigration authorities.

Hope that helps,
Andre

Last edited by Andre; Jan 25, 2016 at 4:02 am Reason: grammar
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Old Jan 25, 2016, 4:57 am
  #48  
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@Airotique:
Thank you for your excellent post, the juiciest and best one to date (in this thread) IMO.

You have clearly called out CA on its hypocrisy, and I sincerely hope that you stay the course (be prepared for a long battle, but mainly because they are slow to respond to individual correspondence events, and I estimate 20+ rounds will be required based on past experience). As I mentioned up thread, outsourcing the legwork to a lawyer might be worthy of consideration as well. In China, this is not expensive...not sure about sweden, but taking a shot at them there would surely cause CA greater head ache.

The way I see it is that your original itin was legally compliant, and CA --outdated policy or not-- had no legal grounds to prevent you from using it. Charging you change fees was an added slap in the face.

I agree with Andre that getting written clarification from Beijing border control would be a great place to start. I'm guessing that you could secure such documentation for around $100 (I.e. paying for the guanxi necessary to get you something really official/indisputable). You might want to consider contacting the OP in order to share this cost.

I think chasing down iata is a waste of time in general BUT they may well be able to connect you with someone who can help wrt the aforementioned documentation (I.e. whoever feeds them relevant data).

In closing, I'd like to reiterate my strong support in your fight. If you play your cards right, I'm confident that you WILL prevail, which means you'll get some financial compensation. More importantly, you'll be doing everyone else a service if you force CA's hand on this. Good luck!

Last edited by moondog; Jan 25, 2016 at 7:42 am
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Old Jan 25, 2016, 9:32 am
  #49  
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Bear in mind that when dealing with front line air carrier employees, what's "official" are the directives of their own employer. Those are the people who hire, fire and pay them.

The whole debate about what else is official is a red herring. Private legal publishers around the world publish statutes, legal decisions, rules and regulations, orders and the like. People rely on them so they become "official." Sometimes they are designated as such and sometimes not.

The chances that any passenger is going to find a willing audience before the World Court of Counter and Gate Agents is slim.

My view? Large international air carriers would do well to staff trained help desks and many do. It is far easier to train an agent at ARN to punch a button on a phone than it is to have them interpret rules which some may see as complex (bearing in mind that the rest of the job is about reviewing a piece of paper to see if the date and flight number match today's date and the flight number of the aircraft being boarded.
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Old Jan 27, 2016, 10:41 am
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The problem appears to be the CA staff at ARN.

Do you know if staff at other airlines/airports have the same lack of knowledge on the 72Hr rule?

I'm booking a flight from NRT-PEK on NH and will be arriving on March 22 @ 8pm and leaving on March 25 at 5pm to ICN.
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Old Jan 27, 2016, 1:24 pm
  #51  
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Originally Posted by FFSaver
The problem appears to be the CA staff at ARN.

Do you know if staff at other airlines/airports have the same lack of knowledge on the 72Hr rule?

I'm booking a flight from NRT-PEK on NH and will be arriving on March 22 @ 8pm and leaving on March 25 at 5pm to ICN.
Air China ex ARN and Delta ex USA seem to be the main issues reported.

Ex Japan, staff may not be wholly familiar with the rules (Japanese pax can enter China without visa for short stays). Allow a some extra time just in case staff need to confirm the rules or check with a supervisor.
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Old Jan 27, 2016, 1:57 pm
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Originally Posted by LHR/MEL/Europe FF
Air China ex ARN and Delta ex USA seem to be the main issues reported.

Ex Japan, staff may not be wholly familiar with the rules (Japanese pax can enter China without visa for short stays). Allow a some extra time just in case staff need to confirm the rules or check with a supervisor.
Thanks... hmmm... so, there is still a chance that we might be spending time arguing with them... Not having a visa makes a big difference $$ since we are a family of 5 (for just 3 days of visit in PEK)

could you suggest any website I can print out with something "official"?
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Old Jan 27, 2016, 2:38 pm
  #53  
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Originally Posted by FFSaver
Thanks... hmmm... so, there is still a chance that we might be spending time arguing with them... Not having a visa makes a big difference $$ since we are a family of 5 (for just 3 days of visit in PEK)

could you suggest any website I can print out with something "official"?
I'm not aware/can't remember any instances of denied boarding/arguments for passengers originating in Japan... just it might take a minute or two longer while they check the rules.

There is another thread here on FT in the China forum... 24- and 72- hour visa. That is current and has the full rules from TIMATIC in the wiki at the top of the page.
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Old Jan 28, 2016, 12:19 am
  #54  
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I came close to being denied boarding a DL NRT-PVG flight with a clearly TWOV compliant itinerary and ticket. It took about three hours of arguing and they finally decided to let me travel based on some OLTAs that were advertising TWOV trips to China. DL came close to insisting that I make a nonrefundable booking for an airport hotel (which they didn't realize was landside) as they were convinced that I would not be allowed to leave the airport and were very concerned about that. Four or five check in agents, a supervisor, and a redcoat were involved. Having TIMATIC printouts that morning from the SkyTeam website link didn't matter as the front line agents "believed" that I could not go to China without a visa; one of them (Chinese speaking) even phoned a friend in China to confirm this.

So the list should include not only DL exUSA but also DL exNRT.
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Old Jan 28, 2016, 12:49 am
  #55  
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Originally Posted by MSPeconomist
I came close to being denied boarding a DL NRT-PVG flight with a clearly TWOV compliant itinerary and ticket. It took about three hours of arguing and they finally decided to let me travel based on some OLTAs that were advertising TWOV trips to China. DL came close to insisting that I make a nonrefundable booking for an airport hotel (which they didn't realize was landside) as they were convinced that I would not be allowed to leave the airport and were very concerned about that. Four or five check in agents, a supervisor, and a redcoat were involved. Having TIMATIC printouts that morning from the SkyTeam website link didn't matter as the front line agents "believed" that I could not go to China without a visa; one of them (Chinese speaking) even phoned a friend in China to confirm this.

So the list should include not only DL exUSA but also DL exNRT.
In that vein, add JL ex-HND. I guess they've never encountered an American without a visa going to Shanghai (or China, for that matter) then onward before. Fortunately it "only" took 40 minutes of convincing. I had the TIMATIC printout, and it wasn't like they thought I was wrong... they were just in so much disbelief that it was even possible that the station manager got involved, more out of curiosity's sake.

After at least 8-10 staffers reading it over on my printout as well as their own systems, they finally relented and gave me my BP. Good thing I showed up early.
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Old Jan 29, 2016, 3:58 am
  #56  
 
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Originally Posted by Andre
Hi airotique (great handle!!),

Wow, sounds like another really poor CA experience at ARN! Glad that you were at least able to take your trip, although significant aggravation and extra costs were involved...



You can certainly try the IATA route, but I fear that there is little chance that IATA will make any statements to you regarding TIMATIC, which is a service that is solely designed for, and sold to, its member airlines. Even if they do confirm the accuracy of their info (which I can personally confirm for PEK, since I was granted TWOV there for over 72 hours), there is no requirement for CA to use TIMATIC as the basis for its own policies.

In my opinion, your only hope for recourse is to get an official written statement confirming that your original itinerary was eligible for TWOV. The most logical places to obtain one would be the Chinese embassy or consulate at your place of residence, or the Beijing immigration authorities.

Hope that helps,
Andre
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Old Jan 29, 2016, 4:10 am
  #57  
 
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Thanks!

It's good to hear about your first-hand experience. I hadn't considered that an airline may make up their own rules. If that's the case, would something official really help and wouldn't that mean that immigration laws merely set outer boundaries?

I really hope that an airline may not just "invent" their own regulations and use them as grounds for denied boarding. From my point of view that would result in an enormous lack of legal certainty.
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Old Jan 29, 2016, 4:14 am
  #58  
 
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Originally Posted by moondog
@Airotique:
Thank you for your excellent post, the juiciest and best one to date (in this thread) IMO.

You have clearly called out CA on its hypocrisy, and I sincerely hope that you stay the course (be prepared for a long battle, but mainly because they are slow to respond to individual correspondence events, and I estimate 20+ rounds will be required based on past experience). As I mentioned up thread, outsourcing the legwork to a lawyer might be worthy of consideration as well. In China, this is not expensive...not sure about sweden, but taking a shot at them there would surely cause CA greater head ache.

The way I see it is that your original itin was legally compliant, and CA --outdated policy or not-- had no legal grounds to prevent you from using it. Charging you change fees was an added slap in the face.

I agree with Andre that getting written clarification from Beijing border control would be a great place to start. I'm guessing that you could secure such documentation for around $100 (I.e. paying for the guanxi necessary to get you something really official/indisputable). You might want to consider contacting the OP in order to share this cost.

I think chasing down iata is a waste of time in general BUT they may well be able to connect you with someone who can help wrt the aforementioned documentation (I.e. whoever feeds them relevant data).

In closing, I'd like to reiterate my strong support in your fight. If you play your cards right, I'm confident that you WILL prevail, which means you'll get some financial compensation. More importantly, you'll be doing everyone else a service if you force CA's hand on this. Good luck!
Haha. Thanks!

You're probably right in that it may well be a long battle with Air China. I'm not so sure that hiring a lawyer will be worth it, though. We're talking roughly €200 in re-booking fees.
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Old Jan 29, 2016, 5:01 am
  #59  
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Originally Posted by airotique
Haha. Thanks!

You're probably right in that it may well be a long battle with Air China. I'm not so sure that hiring a lawyer will be worth it, though. We're talking roughly €200 in re-booking fees.
Ah. I didn't check the exchange rate prior to posting.

I agree that engaging an attorney is probably overkill.

That having been said, we are pulling for you to win this battle for the sake of everyone else who faces similar problems.
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Old Jan 29, 2016, 4:34 pm
  #60  
 
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Originally Posted by airotique
If that's the case, would something official really help and wouldn't that mean that immigration laws merely set outer boundaries?
In the absence of a stated policy by the airline that you are flying with, which is directly accessible to you as a passenger, an official document describing the 72-hour TWOV scheme should be sufficient to get you checked in even if the initial agent is unwilling to do so, provided you have the time and stamina to escalate the matter.

Since CA has a clearly stated policy of a strict 72 hour limit between scheduled arrival and departure for TWOV, I would certainly not book an itinerary with them that did not comply.

In addition, so far at least, no one in this forum has been able to produce any official document describing the "72+" hour rule... So up to 72 hours between flights you should be fine; anything beyond that and you're on thin ice if the airline you're flying with doesn't publicize that rule on its website.

Originally Posted by airotique
I really hope that an airline may not just "invent" their own regulations and use them as grounds for denied boarding. From my point of view that would result in an enormous lack of legal certainty.
Regardless of whether or not it is legal for an airline to have stricter policies than the legal immigration requirements, I would not recommend going against its stated policies. You may subsequently win in court, but your flight will have left without you
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