FlyerTalk Forums - View Single Post - Aer Lingus - Claiming EC 261 2004 - international litigation, small claims
Old Jul 31, 2017, 1:32 am
  #60  
vvaldellon
 
Join Date: Jul 2017
Posts: 32
Originally Posted by BigFlyer
Customs vs. Immigration: The vast majority of Americans don't know the difference. I suspect this is because at US airports the agents handling customs and passport control are interchangeable - they can work one function one day and another the next. Also, the passport control officer performs a customs function - they will often ask what the traveller is carrying and can refer the traveler to secondary customs inspection.

Litigation: If the ticket was bought from Expedia in the US then there is a shot at venue in the US. I would not recommend an EU claim - but, a simple contract claim. The travelers arrived at check-in early, came back when they were told to by the airline, but that was insufficient time to get to the gate. I would argue the fault is on the airline for not checking them in when they first arrived, or, failing that, for then not opening up in time later for them to get to the gate. Seems to me it is the job of the airline to open up check-in sufficiently in advance to allow passengers to get to the gate on time for the flight, and to have sufficient check-in personnel.

The above is not an analysis of whether the story make sense - but, just how I think it should be approached in US small claims court.

The line at passport control might also have been shorter for EU/EEA passport holders, which could explain why most probably made it to the flight on time.
A succinct and purposeful reply. Thank you for the advice, we are considering moving it to small claims, after a few more attempts to try and work with the airline. I fully agree with the suggested position you posited.
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