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Denied boarding for not having eTA. Any recourse?

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Denied boarding for not having eTA. Any recourse?

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Old Jul 7, 2019, 11:01 am
  #31  
 
Join Date: Mar 2001
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Originally Posted by ellylex
But it could have been easily resolved if she was explained to fill out this form at the airport BUD. And as I see from the comments - others agree with me on that.
Equally, it could have been easily resolved if the passenger had asked ‘how do I apply for an ETA?’ Or Googled...

What happened to people taking accountability for their own actions?

Her negligence created this situation..
But yet, you’re still trying to shift the blame elsewhere.
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Old Jul 7, 2019, 11:07 am
  #32  
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Originally Posted by RatherBeInYOW
AC is under no obligation to sort out the ETA, nor is LOT. They’re just obliged to make sure you have the correct documentation before you get on the plane, or fly you back if you don’t.
I was not stating that AC was OBLIGATED to assist. It is more of an ethics issue. Unfortunately, I do not know the details of what transpired at the airport - how she was explained about ETA requirement. She doesn't speak English and most likely was in shock and got scared/lost not understanding what to do.
Wouldn't You assist or try to assist a person in such situation? I - would! It is a question of ethics.
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Old Jul 7, 2019, 11:11 am
  #33  
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Originally Posted by Collierkr


passengers have the responsibility to check all requirements of travel and entry to any countries on their itinerary. Things change and so this CHECK should be done EVERY time. Clear as day and night.
I am not disagreeing with this. I wrote THIS in my post. I am asking different questions trying to understand whether LOT was or wasn't supposed to transport passenger while knowing that she doesn't have proper documents to her destination.
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Old Jul 7, 2019, 11:17 am
  #34  
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Originally Posted by ChrisA330
But yet, you’re still trying to shift the blame elsewhere.
I am raising legitimate/logical questions. I would like to understand the situation and legal and ethical aspects of it.
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Old Jul 7, 2019, 11:23 am
  #35  
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Originally Posted by expert7700
did passenger not have a long enough connection in WAW, with no data or free/paid Wifi to take ten seconds to google this and apply?

if so, what would have happened if a REAL travel emergency came up?
she became aware of the requirement in Budapest not Warsaw. Connection was long enough (You did not read what I wrote). 3.4 hrs
but she found out about it obviously at the check-in counter.

what would happen if real emergency came up? nothing good. the passenger is totally negligent and dumb. But unfortunately, I became part of this situation that I do not need to discuss here.
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Old Jul 7, 2019, 11:55 am
  #36  
 
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I am not sure even "ethics" applies. Ethics often involves balancing the needs of one against the needs of the many. This thread does not know anything about what else that BUD agent was dealing with that would have prevented her/him from going BEYOND their duty to spoonfeed the requirements to this traveller.
There is no "LOT" - there are various people working for LOT in different roles.
The GATE agent at LOT does not verify other than the segment they are boarding.
The CHECK-IN agent who gave the boarding pass for the BUD-YYZ segment should have noted this requirement and perhaps DID note the requirement and the passenger affirmed without understanding.
If the check-in was online, then it is all on the traveller.
As a deaf traveller, to be honest half the time I have no idea what I've just affirmed... That is why I check.
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Old Jul 7, 2019, 12:01 pm
  #37  
 
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Originally Posted by ellylex
I was not stating that AC was OBLIGATED to assist. It is more of an ethics issue. .....

"Ethics" is not the right word. "Convenience"? "Customer service"? Maybe. "Ethics", for sure, not.

Your friend either was boarding in the middle of the line, and the GA had a hundred other PAX to have 5 second interactions with, or boarding near the end, where the GA had other things to do, closing out the flight so it could get on the way. And the GA only by their job description knows what you need (or rather, knows how to read the aforementioned Machine That Goes Beep (hereafter MTGB)).

It is a little strange that AC did not make announcements before actual boarding for "document check", but maybe they did, and your friend was not right at that gate. The purpose of those announcements is to ensure the allocated 5 seconds boarding interaction are met; a concern for AC more than the PAX. But, had that happened, it might well have been long enough for your friend to do the online application. There could well have been enough time if there were a few dozen PAX left to board when she tried.

It's an expensive lesson, but ultimately, your friend tried to sneak into Canada without documentation.
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Old Jul 7, 2019, 12:45 pm
  #38  
 
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Originally Posted by ellylex
she became aware of the requirement in Budapest not Warsaw. Connection was long enough (You did not read what I wrote). 3.4 hrs but she found out about it obviously at the check-in counter.
She found out at the check in counter in BUD? Was she checked all the way through from WAW or not?
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Old Jul 7, 2019, 12:54 pm
  #39  
 
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Originally Posted by ellylex
I was contacted by a friend to help with the following situation if possible.

Passenger was travelling WAW-BUD-YYZ. First segment served by LOT, 3.40 hr layover in Budapest, and Second segment served by AirCanada. Ticket was purchased via Cheapoair. The passenger boards first segment and in Budapest is informed that she can't board the flight to Toronto because she did not fill out ETA form.
Unfortunately, the passenger was not aware of this new regulation that took effect in 2016. This is obviously her fault and negligence.

But I am raising few questions:
1. why was she allowed to board the first segment of the ticket if the destination was Canada and she did not have proper documentation to begin with?
2. Why didn't AirCanada agents try to assist in filling out the ETA form at the airport if the approval could have been potentially granted in minutes? ( I do understand that not everyone gets immediate approval, but that chance wasn't given/taken). I also understand that agents are not obligated to assist in this matter, but on human level they could have - given that their partner LOT made a mistake.

If I want to argue based on these two factors for refund - who should be responsible?
I have spoken to Cheapoair - they point finger at AirCanada.
I spoke to AirCanada - they agree that the passenger should not been allowed to board WAW-BUD flight w/o ETA form to Canada BUT point the finger back to travel agency.
Now Cheapoair is agreeing that LOT agents made mistake and pointing finger at them.

Please advise which of the 3 companies has legal obligation in this situation?

Thanks!
In this situation the airline was right to deny boarding due to no Electronica Authorization. If the airline allowed the passenger to board they could be fined the same goes for a expired passport or a passport not meeting the requirements of the country or no Visa. If the passenger were to arrive in the US they could be deported on the next available flight and the airline may pass along the cost to the passenger.

Its the passenger's responsibility to know about the entry requirements of the country that they are visiting. So in this case the airline acted appropriately. The passenger would be responsible to purchase a new ticket.

Also when booking online there is usually a checkbox that you must tick stating that you agree to all terms and conditions and part of it is having proper documentation. The Electronic Authorization is so easy to get online and you pay a fee and its valid for 10 years. I highly recommend people getting this before you travel right after purchasing your ticket. You could purchase a refundable ticket pay the ETA fee and cancel your ticket once its approved.

The airline should have denied boarding on the domestic portion of the international flight because the passenger would incur a fee to fly back home in a few hours time. Now I have read here on FT you could apply for the ETA online and get a response within minutes but there are times when this does not happen and it can take 72 hours. This is why they suggest you applying at least 72 hours before the flight.

The airline gets a response saying that the ETA is approved or denied and acts accordingly. The ETA is linked to the passport# .

The EU is starting an Electronic Visa for US citizens to apply for online. I will do this before my EU flight when this regulation takes place. Rules are rules.

Last edited by danielonn; Jul 7, 2019 at 1:00 pm
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Old Jul 7, 2019, 12:54 pm
  #40  
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Wait a second! So it is the machine that checks whether passenger has ETA NOT a human being?

PS As I have stated above - I never heard of this requirement before a month ago. And today I found out that US also has similar requirement. That is why I am trying to understand the process.
I also once again checked two sites - where one states that ETA should be submitted at least 72 hours before departure whereas another site doesn't mention this "rule".
https://esta.cbp.dhs.gov/esta/

so to be honest, the instructions are indeed confusing. At first I came across 72 hour rule. Yesterday, I started to read more about it and 72hr "rule" turned into recommendation. Which one is true - is still unclear to me.
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Old Jul 7, 2019, 12:56 pm
  #41  
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Originally Posted by ChrisA330

She found out at the check in counter in BUD? Was she checked all the way through from WAW or not?
I doubt it - I do not know. Logically, if she wasn't allowed to board then she was stopped at the check-in counter. Or I am mistaken?
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Old Jul 7, 2019, 1:00 pm
  #42  
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Originally Posted by danielonn
In this situation the airline was right to deny boarding due to no Electronica Authorization...
How does this obvious statement which I wrote myself in my original post address the questions I am asking????
Where did I argue that airline should have allowed passenger to travel w/o ETA???
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Old Jul 7, 2019, 1:02 pm
  #43  
 
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1) the flight was to Canada
2) the linked site is for ESTAs which are issued for the US
3) the US and Canada are different countries.
4) ESTAs are valid for USA not Canada
4) ETAs are needed for Canada but conversely not valid for entry to the USA
5) ESTAs for the US have been policy for years- I know I needed one in 2011 so not exactly breaking news. I haven’t travelled to Canada in over 20 years but was still aware of the requirement

i’m struggling to understand what your involvement in all of this is. Initially I thought you may be an immigration lawyer of some kind but then I realised you’re here on Flyertalk asking amateurish questions. I appreciate you might not want to tell us your involvement but I don’t really see how any of this is helping anyone

again, as is always the best way in these situatins
-pleas ignorance
-throw self on airline’s mercy
-they may be convinced to help with rebooking as a customer service/“ethics” gesture

throwing around suggestions of impropriety while trying to minimise the role of the traveller in the cock up is a short cut to nothing being resolved positively

correct website for Canadian ETA here:
https://www.canada.ca/en/immigration...anada/eta.html
note the FAQs- most issued in minutes. Escalation process for those not issued within 72 hours. If ETA is applied for at airport and not issued immediately “you will need to reschedule your flight”
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Old Jul 7, 2019, 1:03 pm
  #44  
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So what do I have this far from the comments?
Opinions are divided whether LOT should have transported passenger on the portion of the first leg of the ticket.

Where can I find out the correct answer to this question (1st question in the post)? Can someone guide me please.
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Old Jul 7, 2019, 1:04 pm
  #45  
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@ellylex

It is really unfortunate that your friend was allowed to board the first flight.
It is also unfortunate that she did not know about the ETA requirement.

On Air Canada's main page is this




When you click the ETA link, there is update info from 2017 and right below it, is this from 2016.



It is now 2019 of course and many countries have various ETAs that are required for entry.
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