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Aer Lingus - Claiming EC 261 2004 - international litigation, small claims

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Old Jul 24, 2017, 2:56 am
  #16  
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warakorn - cut the OP some slack. They are not a frequent traveller. In the English language, "customs" or "customs and immigration" are frequently misused and applied to any sort of "official" interaction whether on arrival or departure [and yes, departure has no implications for customs [unless you are exporting more than €10,000 from the EU, or if you are carrying potentially illicit substances!] and at departure it would be "emigration" rather than "immigration" control - but everyday speech is not always 100% accurate].

I'm sure you know BRU and I'm sure you know that all departures from Schengen airports to destinations outside Schengen require having your passport inspected just after security.

This is clearly what the OP is talking about.

I hope we can draw a line under the fact now. You are correct - the OP is wrong to say "customs". But we all know what was meant.
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Old Jul 24, 2017, 3:20 am
  #17  
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The OP is talking about litigation.
Hence, it is worthwile to discuss who is to blame for the situation. This is why I was pushing for some sort of clarification on that matter.
If OP mixes up Customs with something else, she is in for some trouble in court.

If Customs forced the passenger to be inspected for an hour - without a good reason - while her plane would depart, I think OP would have a case to go against:

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Old Jul 24, 2017, 3:25 am
  #18  
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It is pretty clear that OP meant passport control, not customs. There simply is no 'line at customs' that takes '45-50 minutes' after departures security. We are talking about the passport control that is to the right of the security checkpoints, obviously.
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Old Jul 24, 2017, 4:15 am
  #19  
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Originally Posted by warakorn
If Customs forced the passenger to be inspected for an hour - without a good reason - while her plane would depart, I think OP would have a case to go against:

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There is no question of customs officers having delayed these passengers.

Originally Posted by vvaldellon
There were 3 main lines: check-in, security (where they check you and your carry-on), and the other line where they check your passport. We did not stop anywhere in between.
and the answers appended in-line in post 7 above (highlighting is mine):
I can only see four things
1. You had to visit the customs office to declare something for legal/export/import reasons (We did not)
2. You got pulled by customs for an ad hoc inspection, very rare and likely to be as a result of intelligence or something flagged at security (a travel-sized optical solution was flagged and delayed us for about 10 minutes, which I factored into the security line)
3. You decided to queue for a VAT refund (we did not)
4. You are confusing the passport control check with customs, all departing passengers leaving the Schengen countries must go through passport control and you got pulled aside for extra checks (I'm not sure what passport control is, but if its that amusement park sized line, then yes we went through that but we were not pulled aside)

If there are such long lines at passport control, there are normally airport staff members calling people forward with flights that are departing imminently. I have experienced this in several airports already this summer, and have benefitted from this in both Dublin and Berlin in the past month alone.

I am wondering, though, how it seems that these 3 passengers appear to be the only ones who missed the flight? The OP has not mentioned any other passengers querying the gate agent, or having to retrieve their checked-in luggage or to deal with the Avia Partners handling agent. If these passengers had their bags accepted for check in - even if they were the very last to check in - they must have been present with other Aer Lingus customers who also had to pass through the same security and passport check lines - and who would therefore also have arrived at the gate too late, at the same time as these 3 pax. There would surely be others who missed the flight, then. The OP mentioned earlier about not being able to cross the whole airport in 5 minutes - I fear that, perhaps, they went astray and used the wrong security check or something. (It's a while since I've been at BRU and I don't know the airport layout since it re-opened after the bombing. But I suspect that the passengers went the wrong way somewhere along the line).

Last edited by irishguy28; Jul 24, 2017 at 4:26 am
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Old Jul 24, 2017, 4:49 am
  #20  
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Originally Posted by irishguy28

But I suspect that the passengers went the wrong way somewhere along the line).
This seems to be the most likely scenario to me. There are quite a few confusing elements to OP's story that don't add up. Seems like they are not regular travellers, compounded by unfamiliar airport, perhaps language confusion (lost in translation?), if the lines were taking that long not speaking up is very puzzling to me. OP says arrived at 0630 for 1010 flight, which is way early. Goes to check-in (TK uses area/desk 10 - EI uses 7) and is told to come back two hours before flight. So potential advantage of early arrival morphs into disadvantage.
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Old Jul 24, 2017, 5:27 am
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Even though some of the details here seem to be a bit vague, it's difficult to see a successful Aer Lingus payout under EU261 here. The delay in getting to the gate seems to have either been caused by the OP, or by security and/or immigration
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Old Jul 24, 2017, 5:56 am
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This little reported regulation is starting to have an impact

http://www.consilium.europa.eu/en/pr...ernal-borders/

Different airports have different policies for managing queues. I suspect that apart form the Expedia delay that the OP was caught up in a Passport check exiting the Schengen area - as per the regulation above. This will become the norm for air travel in the crazy world we live in today.

As we all know Brussels has been targeted several times so I would expect stringent checks.

I don't see a compensation claim being successful.

See here for similar angst in Madrid recently ( in Spanish )

http://www.elconfidencial.com/espana...rasos_1409043/

Referred to here....

http://www.flyertalk.com/forum/ameri...ul-2017-a.html
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Old Jul 24, 2017, 6:26 am
  #23  
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I'm not sure what the relevance of all that it. OP was leaving the Schengen Area. Every airport within Schengen has passport control prior to the non-Schengen gates. It's really that simple. Either there was a really long queue (I would be surprised but I wasn't there), or OP wandered off somewhere.
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Old Jul 24, 2017, 6:33 am
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Originally Posted by LondonElite
I'm not sure what the relevance of all that it. OP was leaving the Schengen Area. Every airport within Schengen has passport control prior to the non-Schengen gates. It's really that simple. Either there was a really long queue (I would be surprised but I wasn't there), or OP wandered off somewhere.
In the past there was a cursory glance at a Euro passport - now each traveller can be stopped and the passport scanned and sent via the databases mentioned -- each intervention can take up to a minute or more to complete.

Even at Dublin now incoming passports are being scanned rather than nodded through ( mostly )
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Old Jul 24, 2017, 9:23 am
  #25  
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Everyone, thank you again for all your replies.

The recurring question here appears to be about customs. One poster had it exactly right:

Originally Posted by irishguy28
warakorn - cut the OP some slack. They are not a frequent traveller. In the English language, "customs" or "customs and immigration" are frequently misused and applied to any sort of "official" interaction whether on arrival or departure [and yes, departure has no implications for customs [unless you are exporting more than €10,000 from the EU, or if you are carrying potentially illicit substances!] and at departure it would be "emigration" rather than "immigration" control - but everyday speech is not always 100% accurate].

I'm sure you know BRU and I'm sure you know that all departures from Schengen airports to destinations outside Schengen require having your passport inspected just after security.

This is clearly what the OP is talking about.

I hope we can draw a line under the fact now. You are correct - the OP is wrong to say "customs". But we all know what was meant.
I was not aware that customs was entirely separate from passport control, but the line we were referring to was definitely the one where they check your passport to leave Europe. There was a separate line (much shorter) if you were travelling inside the EU but that was not the case for us.


Originally Posted by eireman
]Sometimes Airlines use shared check in desks and that is why Turkish were there when you arrived. Most airlines ( especially on a narrow body-if it is not their home airport) will open check in 2 hours. This is not LAX where say AA will be open all day covering a multitude of flights EI checked you in on time. THis is a failure at Brussels airport.
Is this true? We have travelled in the US a few times and have been accustomed to being able to check in very early, so we were under the assumption that it was just Aer Lingus saving $$ by understaffing. I'm guessing this falls on the airport itself then?

Originally Posted by princeville
The OP has clarified that they meant the passport check necessary to exit the Schengen zone.

I've found that many from the US, where immigration and customs happen all together upon entry, don't realize they are two separate things and refer to any passport check as "customs."
Yes I believe this was the case. Thank you.

Originally Posted by LondonElite
At the end of the day, you failed to turn up at the gate on time. I understand that the passport control queue was a long one, but you should have been more forceful and pressed your case there rather than waiting in line. I think the offer made is quite generous. I would not waste any time on 'international litigation' as it will get you nowhere. Try your travel insurance provider instead.
It wasn't just passport control, it was also (more appropriately to us) the check-in line that began only 2 hours prior to departure. That pushed everything back for us unfortunately. Only one of us (me) has travel insurance and I'm trying to help the other two.


Originally Posted by irishguy28
If there are such long lines at passport control, there are normally airport staff members calling people forward with flights that are departing imminently. I have experienced this in several airports already this summer, and have benefitted from this in both Dublin and Berlin in the past month alone.

I am wondering, though, how it seems that these 3 passengers appear to be the only ones who missed the flight? The OP has not mentioned any other passengers querying the gate agent, or having to retrieve their checked-in luggage or to deal with the Avia Partners handling agent. If these passengers had their bags accepted for check in - even if they were the very last to check in - they must have been present with other Aer Lingus customers who also had to pass through the same security and passport check lines - and who would therefore also have arrived at the gate too late, at the same time as these 3 pax. There would surely be others who missed the flight, then.
We did ask people who were running the lines at passport control, they would repeatedly tell us along the lines of "sorry, everyone else here is in a hurry as well". We were primarily concerned about making the flight ourselves so we were not concerned about other people's flights/missing their flights. We did speak with 2 people who missed their flight as well while we were waiting for our baggage at the conveyor belts. There was a delay on getting our bags returned to us (1.5 hours of waiting in line to ask where our bags were since they did not show up on the belt), so others who may have missed the flight likely found their bags and left already.

The OP mentioned earlier about not being able to cross the whole airport in 5 minutes - I fear that, perhaps, they went astray and used the wrong security check or something. (It's a while since I've been at BRU and I don't know the airport layout since it re-opened after the bombing. But I suspect that the passengers went the wrong way somewhere along the line).
This was more along the point that the airport is quite large, however the direction to the gate was pretty straightforward. It likely took us somewhere about 15 min total to get to the gate if we combined all the walking time.

Originally Posted by danash
This little reported regulation is starting to have an impact

http://www.consilium.europa.eu/en/pr...ernal-borders/

Different airports have different policies for managing queues. I suspect that apart form the Expedia delay that the OP was caught up in a Passport check exiting the Schengen area - as per the regulation above. This will become the norm for air travel in the crazy world we live in today.

As we all know Brussels has been targeted several times so I would expect stringent checks.
Our flight back to the US was the weekend right after the Brussels incident, Jun 25. We had to book new flights for Mon, Jun 26. Not sure if this factors in anywhere.

Originally Posted by LondonElite
Either there was a really long queue (I would be surprised but I wasn't there), or OP wandered off somewhere.
yes to the former (half the crowd cheered when they opened up another window to check passports), no to the latter


Thank you again, everyone! Any advice is massively appreciated!! ^
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Old Jul 24, 2017, 11:40 am
  #26  
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delete

Last edited by vvaldellon; Jul 24, 2017 at 8:13 pm
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Old Jul 24, 2017, 7:33 pm
  #27  
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As frustrating as it is, I'll redo my post. Hopefully it doesn't get auto-flagged. Thanks again guys for the advice thus far.
Originally Posted by ROKNA
To be very clear here

The Airline is only responsible if they or their agents messed up.

You checked in in good time, 80 minutes before departure, you proceeded to the gate, Check in is recommended two hours before departure, so again don't see anything at fault

You refer to a delay at customs of an hour, but there ARE NO CUSTOMS at Brussels for any departing flight, so the story doesn't make sense

You are going to need to explain this
The times were all approximations. Airport cameras / checkpoints would have to verify the exact time. We returned to the check-in line at 7:45am and I recall looking at my watch around 8:50-9:00am (unsure) as we finally checked our bags in. Note departure was 10:10am and boarding was 9:40am. We cleared the security line at around 9:25am (unsure). Everyone here has been saying there are no customs, so it must be my mistake in terminology but I am referring to the line where you must show your passport (apparently called passport control). We did not finally clear this final line until 10:15 (past departure). I remember looking at my watch as we neared clearing the line. We arrived at the gate at 10:25ish where I checked my watch again.

Last edited by vvaldellon; Jul 24, 2017 at 8:17 pm
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Old Jul 24, 2017, 7:41 pm
  #28  
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Originally Posted by irishguy28
Yes, there are no customs, but the OP clearly means passport control. There is a passport check on exiting the Schengen Zone. Yes, this.

Even allowing for the fact that most European airports are busy in summer- the Brussels Airport website has its guide to busy periods here - I am surprised that it took so long to get through passport control. I had a quick search on Google News in Dutch and there are no current reports of delays at Zaventem (such news items were common shortly after the airport bombing). The line was indeed long. The crowd was cheering when they opened a new window to process people faster. Our departure date (the one missed) was 6/25, the Sunday following the bombing incident.

To the OP: EU261/2004 doesn't apply if you fail to turn up at the gate on time. I hope you have travel insurance, and that is what you should be claiming on now. Good luck!
Regarding the last part, we were under the impression that it was on the airline for not staffing adequately / cramming us into a 2 hour time frame when we arrived 3.5 hours early, which led to our tickets being "cancelled" and our trip delayed at cost... It wasn't like we opted to not go to the gate, our direction was pretty straightforward, just the lines were extremely long and staff tool long to process people.
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Old Jul 24, 2017, 7:46 pm
  #29  
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Originally Posted by eireman
Sometimes Airlines use shared check in desks and that is why Turkish were there when you arrived. Most airlines ( especially on a narrow body-if it is not their home airport) will open check in 2 hours. This is not LAX where say AA will be open all day covering a multitude of flights EI checked you in on time. THis is a failure at Brussels airport.
We figured if we arrived early enough, no matter what size the lines were, we would be okay. And that was the case when we departed from LAX, our airline was Jetblue and they checked us in right away when we arrived 3.5 hours prior.

Check ins opening only 2 hours prior is a standard in Brussels? What about international travellers? This is why we were surprised. Airline check-ins opening so late pushes the entire schedule back...

Originally Posted by princeville
The OP has clarified that they meant the passport check necessary to exit the Schengen zone.

I've found that many from the US, where immigration and customs happen all together upon entry, don't realize they are two separate things and refer to any passport check as "customs."
Yes, exactly.
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Old Jul 24, 2017, 8:00 pm
  #30  
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Originally Posted by LondonElite
Unfortunately this has nothing to do with EC261. At the end of the day, you failed to turn up at the gate on time. I understand that the passport control queue was a long one, but you should have been more forceful and pressed your case there rather than waiting in line. I think the offer made is quite generous. I would not waste any time on 'international litigation' as it will get you nowhere. Try your travel insurance provider instead.
We did try to press our case to the people handling the passport control line, and were given an off-hand comment along the lines of "everyone else in this line is also in a hurry." In hindsight, the airport staff was actually quite rude.

Originally Posted by irishguy28
If there are such long lines at passport control, there are normally airport staff members calling people forward with flights that are departing imminently. I have experienced this in several airports already this summer, and have benefitted from this in both Dublin and Berlin in the past month alone. See above

I am wondering, though, how it seems that these 3 passengers appear to be the only ones who missed the flight? The OP has not mentioned any other passengers querying the gate agent, or having to retrieve their checked-in luggage or to deal with the Avia Partners handling agent. If these passengers had their bags accepted for check in - even if they were the very last to check in - they must have been present with other Aer Lingus customers who also had to pass through the same security and passport check lines - and who would therefore also have arrived at the gate too late, at the same time as these 3 pax. There would surely be others who missed the flight, then. The OP mentioned earlier about not being able to cross the whole airport in 5 minutes - I fear that, perhaps, they went astray and used the wrong security check or something. (It's a while since I've been at BRU and I don't know the airport layout since it re-opened after the bombing. But I suspect that the passengers went the wrong way somewhere along the line).
We went to the gate agent and queried next steps after they said our tickets were cancelled. We left immediately to baggage claim where they directed us.

There were at least 2 others that I recall who missed their flight. We saw them on the way back to baggage claim. We were concerned about our own situation however; our baggage did not show up on the belt and we ended up waiting another 1.5 hrs in line to get that sorted out. Meanwhile likely anyone else who may have also missed had likely already left.

The 5 minutes thing was more along the lines of the size of the airport. Our direction was pretty straight forward, but the way some are calculating our time seems like they're assuming we're teleporting from line to line. 15-20 minutes was likely our total walking time combined I believe.

Last edited by vvaldellon; Jul 24, 2017 at 8:14 pm
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