FlyerTalk Forums - View Single Post - Refused transport because of name mismatch with LH ticket
Old Aug 19, 2023 | 6:26 pm
  #26  
stevendorechester
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Originally Posted by Adam Smith
We are dealing with terms of art here, it's important to be precise about terminology. This is refused transport, not denied transport. And EU261's IDB compensation provisions, just like APPR, apply only when the airline doesn't let you on the flight because it's oversold ("If you have presented yourself on time for check-in with a valid flight reservation and travel documentation and you're denied boarding by the airline due to overbooking or for operational reasons, and you don't voluntarily give up your seat, you are entitled to"). The same page also makes it clear that the airline can refuse to transport you "if you don't have the correct travel documents".

As I said earlier, AC was incorrect to state that the OP didn't have the right documentation to match the name on the ticket, but EU261 would be no more favourable to the passenger here than APPR. The denied boarding provisions simply aren't designed to apply to airline screw-ups.
Sorry didn't realize the difference between " refused transportation" and " denied transpotransportation " . I though they meant the same thing in the sense that IDB did not apply.

As for the second part I have seen postings that refer to decisions where EU courts have awarded compensation where airlines have been forced to provide compensation to passengers who wte refused transportation due to airline mistake, whether it be due to the airline misinterpreting visa requirements, agents accidentally cancelling bookings, computer glitches.

These payments may not have been IDB compensation but rather compensation for a delay and it's not always a given. That's why I say this situation MIGHT have given the OP compensation with EU laws while the chances are close to nil in North America.

This doesn't mean that the OP couldn't sue for breach of contract if any actual damages were incred.
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