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Denied boarding by EasyJet, crazy customer service manager,what should I do?

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Old Mar 16, 2015, 9:59 pm
  #1  
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Denied boarding by EasyJet, crazy customer service manager,what should I do?

Hi, I hope this is the right place, and I'll try to keep it short. Basically, a lack of knowledge of the law led to my being denied entry on a flight I had every right to be on, and I subsequently received the worst service I've ever experienced by any company, and I'm not sure how to respond.

I was in Spain on a long term visa until this weekend. Although the visa was expiring, I wanted to stay in the Schengen zone as a tourist for two extra months. I asked the Spanish immigration authorities, and a Spanish immigration attorney, and they all said that I would have no problems. This is confirmed by reading the actual Schengen border code, which states here:

"1a. For the purposes of implementing paragraph 1,
the date of entry shall be considered as the first day of
stay on the territory of the Member States and the date
of exit shall be considered as the last day of stay on
the territory of the Member States. Periods of stay
authorised under a residence permit or a long-stay
visa shall not be taken into account in the calculation
of the duration of stay on the territory of the Member
States.";


They also told me that to avoid overstaying the original visa, I should book a trip outside the Schengen zone when it expires and reenter to totally get rid of it. So, this weekend, I booked a round trip EasyJet ticket between LGW and BCN. Leaving was totally uneventful, so I had no worries when I went to the airport tonight. I asked an EasyJet employee about the gate assignment, and she asked to see my passport to look it up. I gave it to her, and while going through it, she noticed my expired student visa. She immediately got a scared look, told me I wouldn't be able to fly with no visa and called her supervisor. I got on the phone with the supervisor and tried explaining that my visa wasn't relevant, even reading the section in the border code I quoted, but they weren't having it. They were citing the IATA manual, which states American citizens can enter Spain visa free for 90 days in every 180. I'm not sure whether the manual is wrong or their interpretation was, but they told me I would absolutely not be allowed on an EasyJet plane, and that I would need to be escorted out of the secure area.

Here's where this gets even dumber. I asked to speak to the duty manager to figure out what my options were. I explained to her that it seemed like there was some confusion about the law, but that I had already spoken to Spanish immigration, and they directed me to the specific paragraph that allowed me to enter. I don't know why, but this enraged the manager. She began literally yelling at me that she's denying me boarding, and it doesn't matter what the law says because her book says otherwise. I told her it was obvious we didn't agree, and asked whether I would be compensated if it turned out I was correct. This made her even more angry, and she started quickly walking away with my passport and boarding pass, saying if I wanted to file a complaint, she was taking them to her office to make copies. I loudly and very clearly told her I was not giving her permission to take my passport anywhere, and to give it back to me immediately. She refused, and I'm not exaggerating, widened her shoulders, turning away from me and physically preventing me from even taking my passport out of her hands, and took a picture of it on what I can only assume was her personal iPhone. This is obviously a huge invasion of my privacy, and I'm disgusted thinking about it even now.

I understand this probably isn't the everyday thread here, but does anyone have any advice? Now I'm stuck paying for another night in a hotel, not to mention out the money from the flight, and the next flight I'll have to book. I also have a picture of my passport on the personal cellphone of someone who seemed mentally unstable. I feel like EasyJet is absolutely responsible, and at an absolute minimum should refund my flight and severely discipline that manager. Opinions?
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Old Mar 17, 2015, 2:54 am
  #2  
 
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Alex, It wasn't entirely clear from your post which airport this happened in ?
Fitch is offline  
Old Mar 17, 2015, 5:49 am
  #3  
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Sorry if I was unclear, I was exhausted and stressed. I was trying to fly from London Gatwick to BCN on an American passport.
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Old Mar 17, 2015, 7:25 am
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You should have tried to resolve the issue then and there. Asked to speak to her supervisor, etc.

Where are you relative to LGW? Are you near the airport?
Do you have your passport back?

What do you have from easyJet regarding your denied boarding? Did they give you any documents?

You could consider making a report to the police about the photo bit. It is one way to get things taken more seriously! However that really is a separate concern.

What were you given about being denied boarding.
Do you have her name.
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Old Mar 17, 2015, 8:03 am
  #5  
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Originally Posted by David-A
You should have tried to resolve the issue then and there. Asked to speak to her supervisor, etc.
I did. I spoke to more than 5 people. She was described as the highest
ranking airline employee at Gatwick, and when I asked to speak to her supervisor, she refused and actually ran into her locked office.
Originally Posted by David-A
Where are you relative to LGW? Are you near the airport?
Do you have your passport back?
I went back into London, which is where I am currently. Yes, she gave me my passport back after taking the picture of it, but didn't return my boarding pass.
Originally Posted by David-A
What do you have from easyJet regarding your denied boarding? Did they give you any documents?
No, they gave me literally nothing. They just escorted me out of the secure area (after making me wait more than 30 minutes). They offered no recourse or advice whatsoever.

Originally Posted by David-A
You could consider making a report to the police about the photo bit. It is one way to get things taken more seriously! However that really is a separate concern.
After loudly telling her I would call the police if my passport wasn't returned, I did go and find the nearest police officers. They spoke to her, but no official report was filed. I told them she took my passport without my permission to copy it, but at the time I didn't even consider that she had to have taken the picture on her personal phone.

Originally Posted by David-A
Do you have her name.
Yes.
alexg32 is offline  
Old Mar 17, 2015, 9:28 am
  #6  
 
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Ok, my thoughts would be:

1) Log it with easyJet as a complaint in writing (not over the phone).

Keep it clear there are two/three elements to this:
(a) Being denied boarding (and attempting to resolve the matter then, but not being given any thing).
(b) her general manner and rudeness,
(c) taking a picture of your passport on why you fear may have been a personal phone (it might not have been).

Right now, I would focus on (a), only mentioning any elements of (b) in so far as it is relevant to (a) about how you couldn't sort it out at the airport then and there.

(b) and (c) can be addressed later.

Focus on the facts.

You are a passport holder of X, advised Y by Spanish immigration, so booked with easyjet, you were denied boarding: Not given a reason in writing (or any clear reason at all) for being denied the service you have booked and paid for.
Not provided with accommodation, etc. Do name the staff member, and give times as best you can.

2. Ask them over the phone (referring them to the email complaint in writing) if they will be providing you with transportation.

3. how did you pay, notify your card issuer.

4. Contact sussex police and try to obtain details of the officers who were present at the time. (unless you have their details already).

5. If the answer to 2 is a negative, book yourself a flight back with another airline. Check their policy for passports and visa requirements (Airlines can impose higher requirements than countries).
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Old Mar 17, 2015, 9:31 am
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I think you might have to mostly suck this one up and move along.

If the police officers on the spot were sufficiently unmoved to take action, then your legal options are pretty limited...ultimately it would come down to your word against hers and you might well burn through a lot of time and money making your point

On the visa side of things, the EZ people you spoke with were probably (I'm sorry to say, and in the specific context of your interaction) in the right. After all, there are swingeing fines for carriers which allow boarding to international pax without proper documentation and staff are under strict instructions to follow the rules and tbh quoting Spanish law at UK check-in staff is almost the definition of wasted breath

Also, I suspect an EC261 claim for IDB will go nowhere as EZ will likely start and end with "Mr alexg32 could not demonstrate at time of check-in that he satisfied the visa criteria for the country he wished to travel to and he was therefore denied boarding..." (sorry if you're a Ms alexg32 btw - no way of telling !)

Nonetheless, I would still write a letter of complaint to Easyjet, setting out in a calm and objective manner:

1. The facts of the case
2. How you felt at each stage of the interactions
3. What you expect them to do about it

Their address for correspondence is:

easyJet Airline Company Limited
Customer Service
Hangar 89
London Luton Airport
Luton
Bedfordshire
LU2 9PF
United Kingdom

If it all went down exactly as you say, then you'll be helping manage a staff issue which could reflect very badly on the company (also yours may not be the only feedback received about a particular individual...)

Whatever you do, please come back and let us know the outcome !
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Old Mar 17, 2015, 3:40 pm
  #8  
 
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Originally Posted by njf63
If the police officers on the spot were sufficiently unmoved to take action, then your legal options are pretty limited...
Disagree - that doesn't have any bearing. They are not there to enforce contracts.

Agree that it will be hassle though. However getting police names / references to cite as parties who witnessed elements of it does help things.

On the visa side of things, the EZ people you spoke with were probably (I'm sorry to say, and in the specific context of your interaction) in the right. After all, there are swingeing fines for carriers which allow boarding to international pax without proper documentation and staff are under strict instructions to follow the rules and tbh quoting Spanish law at UK check-in staff is almost the definition of wasted breath
Disagree categorically with this.

Airlines might like to treat TIMATIC as if it is a bible with the definitive word. But it isn't. It does have mistakes and omissions.

Also not that many staff know how to consult it properly, many think that any 'NO' means 'NO'. In reality, a 'no' only means a 'no' in that context, if you have a 'yes' in another different context that is fine.

I've had members of staff of another airline removed from front line duty and subject to disciplinary for refusing to consult further when the passenger said the simple answer they looked up in an old printed copy of TIMATIC was wrong.

Also, I suspect an EC261 claim for IDB will go nowhere as EZ will likely start and end with "Mr alexg32 could not demonstrate at time of check-in that he satisfied the visa criteria for the country he wished to travel to and he was therefore denied boarding..." (sorry if you're a Ms alexg32 btw - no way of telling !)
Again, I think that is a non-starter for them. Given the prevailing legislation.

Whatever you do, please come back and let us know the outcome !
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Old Mar 17, 2015, 9:39 pm
  #9  
 
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OP, I can confirm that your reading of the law was correct and that you are allowed entry into Schengen even after expiration of a visa, and that any time spent in the Schengen zone on a specially issued visa does not count against the 90-in-180 day total. (You found the relevant statute yourself, but there is also specific verbiage to this point on numerous embassy websites.) I know because I was in the exact same position three months ago and had to research the same question.

Having said that, in the future it can be easier just to stay in the Schengen area and explain the situation to border officials on your exit. The law is a little grey in this area (whether you can just "stay" or if you have to leave/come back), but as you found out it can be easier to deal with emigration than with uninformed airline employees.

How to move forward: definitely lodge a complaint directly with EasyJet in the manner described by David-A above. Also, ignore what njf63 said as almost everything in his/her response is wrong, as David pointed out point-by-point in his reply. I would suggest an immigration lawyer, but I'm not sure the cost will outweigh whatever you'd recover for reimbursing your out-of-pocket expenses. You have an almost ironclad case that your documents were in order and that you presented yourself for check-in in a timely manner, so denied boarding compensation certainly is in order.

Good luck!
o mikros is offline  
Old Mar 18, 2015, 12:51 am
  #10  
 
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I agree with David-A. OP (if his description of the facts is accurate, and I see no reason to believe otherwise) was denied boarding for an incorrect reason, he took all reasonable steps to demonstrate that the stated reason for refusal was wrong, he had a government document (passport) that was legitimately in his custody taken away from him without his consent (I am not talking about his initial handing-over, but the supervisor's refusal to return it to him upon request), and had intimate personal data (his passport information) collected without his consent on what may well have been a personal device.

If TIMATIC is wrong, that is not OP's fault. If easyjet choose to rely on an inaccurate reference source, or misinterpret it, that absolutely is easyjet's fault. If easyjet do not acknowledge EU261 compensation is due and pay it within the specified periods, OP should make a report to the UK Civil Aviation Department. I nany case, OP should ask easyjet for a written copy of his rights under EU261.

I would add here some awkward questions to ask of easyjet if they don't give a satisfactory response first time round:
* Is it SOP to refuse to return a passport to a customer after an IDB?
* Is it SOP to take copies of personal data on mobile devices?
* Was the mobile device used a personal or corporate one?
Oh, and if they deny that a photograph was made, insist that you observed the photograph being taken and ask them if they have had the device in question subjected to forensic examination to prove that the photograph in question was not simply deleted by the supervisor in question

Finally, OP, please keep copies of receipts for every single expense you incur as a result of this - right down to bus tickets and toothpaste.

If you wish to get aggressive, there are law firms and other claims managers that specialise in such matters. As a lawyer myself I am not going to recommend any particular firm, but here Google is your friend - try to find an organisation with a good record of mass claims. They will take a cut of your compensation, but IMHO you are very likely to get it.
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Old Mar 18, 2015, 5:52 am
  #11  
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Originally Posted by njf63
I think you might have to mostly suck this one up and move along.

If the police officers on the spot were sufficiently unmoved to take action, then your legal options are pretty limited...ultimately it would come down to your word against hers and you might well burn through a lot of time and money making your point
I also completely disagree.

The only concern of the police officers at that time was to defuse a situation that was escalating (raised voices, shouting, possible unlawful detention of a passport).

They are not there to ensure that Schengen/Spanish immigration law is being correctly applied, or that Easyjet is properly upholding their end of a valid contract of travel.

Originally Posted by njf63
On the visa side of things, the EZ people you spoke with were probably (I'm sorry to say, and in the specific context of your interaction) in the right. After all, there are swingeing fines for carriers which allow boarding to international pax without proper documentation and staff are under strict instructions to follow the rules and tbh quoting Spanish law at UK check-in staff is almost the definition of wasted breath
Again, this is wrong. A US passport holder attempting to enter Schengen with a just-expired student visa has therefore not used up any of their "stay", in the context of the visa-free entry extended to US citizens, as the OP clearly and concisely explained - even showing the relevant legal basis!

Again, this clearly shows that these staff members need training, at the very least. The way she handled this was incredibly unprofessional.



To the OP: this is one of the most woeful cases I have ever read on FT in the past 10-odd years. You clearly have a case against Easyjet, and if your depiction of that employee's behaviour has not been embellished (and I don't think it has been!), then she really needs to be called up for it.

You are also entitled to compensation for the involuntary denied boarding - your travel documents were in order, and you had a valid ticket - yet she denied you travel.

I would definitely take this up in writing.
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Old Mar 18, 2015, 2:28 pm
  #12  
 
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As a thought, you might want to go back to Immigration and the people who gave you the first interpretation and get a ruling in writing that you were correct. Armed with that, it would much more difficult for the airline to refuse compensation. At least then there is no doubt on that part of the issue.
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Old Mar 18, 2015, 5:38 pm
  #13  
 
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Hi Alex,

I've been screwed over a few times by Timatic and airlines.

Lets summarise;
1. US Passport
2. In Spain on a student visa.
3. Left Spain to Gatwick to do a visa run. Left on a student visa, to return on a standard Schengen visa/entry.
4. Got denied return boarding at Gatwick by Easyjet.
5. Presented information that contradicted KLM/Timatic data to the Gate Agent and Supervisor still denied boarding.
6. Got stuck in a hotel, wondering what to do.

Please correct me if the facts are wrong.

1. Contact your bank/card issuer and get a charge back on the Easyjet tickets/payment.
2. Contact Easyjet with a simplified version of events and explain how you are out of pocket.
Simplify and itemise the costs. Don't try for nonsense like they have to pay you because you are stressed, keep it to straight monetary costs.
3. Phone another airline and ask them about getting on the plane to Spain. If they get it then buy a ticket. Go to Spain
4. Give up on her taking a picture of your passport, you aren't in the US and A asserting your rights.
5. Follow the advice given above by people about airlines and rights, the EU has some pretty tough laws.

Keep to the facts and keep them cohesive and well presented, your initial rant isn't very clear.
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Old Mar 18, 2015, 8:03 pm
  #14  
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Thanks for the replies everyone. Minor update, I booked a new flight on another airline. No problems, either at the gate or with immigration, so I'm now back in Spain. I wanted to wait until I was in Spain to contact easyJet, just to make it more obvious they were wrong.

Also, another question. I looked up EC261, and this part stood out:

An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.

Not only was I not provided this, or any information, but I literally asked her for exactly this information when she decided to leave with my passport. It seems like she purposely violated this law. Assuming I filed a complaint, how severe are the penalties? I don't want to do that yet, but I would like to include it in my correspondence with easyJet in regards to a possible settlement.

Originally Posted by Wallydd
Hi Alex,
Lets summarise;
1. US Passport
2. In Spain on a student visa.
3. Left Spain to Gatwick to do a visa run. Left on a student visa, to return on a standard Schengen visa/entry.
4. Got denied return boarding at Gatwick by Easyjet.
5. Presented information that contradicted KLM/Timatic data to the Gate Agent and Supervisor still denied boarding.
6. Got stuck in a hotel, wondering what to do.

Please correct me if the facts are wrong.
Yes, that is basically what happened.
1. Contact your bank/card issuer and get a charge back on the Easyjet tickets/payment.
I want to avoid this option until I see what easyJet says. I know it's there, but I'd rather the airline reimburse me directly.
Simplify and itemise the costs. Don't try for nonsense like they have to pay you because you are stressed, keep it to straight monetary costs.
I'm not planning on claiming emotional distress or anything, however I do feel that considering the multiple violations of UK and EU law, I shouldn't rule out additional damages. This went beyond a simple Involuntary Denial of Boarding.
4. Give up on her taking a picture of your passport, you aren't in the US and A asserting your rights.
I don't see what this has to do with the US. Privacy laws are pretty universal, and taking a picture of a passport on an unsecure, possibly personal cell phone in spite of the owner's repeated refusal, while physically preventing them access to their own passport is such an obvious violation of the law, and just general privacy that I don't think giving up on it is a good idea.
Keep to the facts and keep them cohesive and well presented, your initial rant isn't very clear.
I'm not sure what was unclear, you seem to have a pretty solid grasp of the facts.
Originally Posted by irishguy28
I also completely disagree.

The only concern of the police officers at that time was to defuse a situation that was escalating (raised voices, shouting, possible unlawful detention of a passport).

They are not there to ensure that Schengen/Spanish immigration law is being correctly applied, or that Easyjet is properly upholding their end of a valid contract of travel.
To clarify this, the police involvement was mostly because I told the woman directly that unless she returned my passport immediately, I would call the police. She did not, so I kept my word. I could have pressed it further, but I honestly was just trying make them aware that the situation occurred, not get her arrested or anything. The only issue the police were involved with was the refusal to immediately return my passport to me, and since at that point I already had it back, they obviously didn't have a need to aggressively pursue a solution.
To the OP: this is one of the most woeful cases I have ever read on FT in the past 10-odd years. You clearly have a case against Easyjet, and if your depiction of that employee's behaviour has not been embellished (and I don't think it has been!), then she really needs to be called up for it.
To be fair to her, I do want to point out that the whole situation took place in a very short time period. Our entire interaction lasted about 15 minutes, and the incident with the passport was about 3-5 minutes. Also, she was the only employee I encountered who was openly rude and hostile. The other employees utterly refused to listen to logic and reason, but none were actually mean. They absolutely need to be retrained though.
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Old Mar 18, 2015, 9:28 pm
  #15  
 
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OP, while I understand where you're coming from on the whole violation of privacy thing, I think Wallydd is correctly advising you to let that part of the matter drop. It's hit-or-miss as to whether it falls on deaf ears, and could just detract from the very solid case you have on being improperly denied boarding. Besides, you have only your (logical) guess that she was taking a picture, not hard evidence.

As far as EU261 compensation, the legislation is written for oversell or delay/cancellation situations. It wasn't originally intended to cover all manner of "airline-screwed-up" situations, though it has been interpreted by the courts to apply in many cases. I would not be surprised if you could claim it in your case against U2. But the reason the manager never gave you information is because in her opinion it didn't apply. In fact, had your documents actually been out of order (as she surmised), that opinion would have been correct.

What Wallydd is further saying is that your original post is a bit dramatic in how it illustrates the events ("Here's where it gets dumber" "I'm disgusted" etc.), and the relevant authorities aren't going to care. You'll get (deserved) commiseration around these parts, but when you submit your complaint to U2 it should be as bare bones as possible without omitting relevant facts. I recommend sticking to a skeleton pretty similar to the one outlined in Wallydd's previous post.

Again, you definitely got hosed here and deserve compensation. You seem to be a very level-headed person and I wish you luck and success. Keep us posted on the progress.
o mikros is offline  


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