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New APD regulation or TK Scam?

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Old Aug 13, 2012, 11:32 pm
  #1  
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New APD regulation or TK Scam?

Posted here as BMI Tickets and better APD Knowledge than TK Forum

I had a Business Colleague booked with 2 separate DC Award Tickets

MAN-IST using my Miles arranged by me.

IST-BKK using his miles via MBNA Offer arranged by him thanks to me.

2 Separate Reservations, 2 Separate Forms of Payment, 2 Separate tickets hence 2 Separate Contracts as quantified by IATA and also UK APD Info site.

Upon check-in TK demanded a further £136 APD..everything I have understood was that separate tickets even on the same Airline are neither a Connection ticket or Conjunction tickets and therefore no higher APD applies. Unfortunately he also paid Cash..Silly B*gger.

They were both BMI tickets, neither tickets were re-issued, only a somewhat obscure TK-MCO was issued, so I suspect there is no way or system in place that money can or will ever get to the HMRC.

HELP APD Lawyer-Experts

Of course no response to week old e-mail to TK
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Old Aug 14, 2012, 1:23 am
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I'm pretty sure Her Majesty's Customs & Excise (or what ever they call themselves these days) ignores the fact that there are two separate tickets and the only consideration is how long any intermediate connection is. If it less than the time stipulated in the rules then it is considered a transit and the APD through to the final destination is to be collected.

And BTW "Connection ticket or Conjunction tickets" only come into play if your are transiting through the UK are are seeking to avoid paying any APD

Edited to add: I have tracked the relevant web page, and now I am not so sure. See here

In section 2.1.1
APD shall be charged on the carriage of each chargeable passenger at the rate appropriate for the place where the passengers’ journey ends.

Journey means the journey from the passenger’s original place of departure to the final place of destination.

The original place of departure and the final place of destination mean the original place of departure and the final place of destination indicated on the ticket.

But:
  • where a journey includes two or more flights, and
  • any of those flights is not followed by a connected flight,
the journey ends where the first flight not followed by a connected flight ends. See section 4.

Last edited by pandaperth; Aug 14, 2012 at 2:01 am
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Old Aug 14, 2012, 1:50 am
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Originally Posted by pandaperth
I'm pretty sure Her Majesty's Customs & Excise (or what ever they call themselves these days) ignores the fact that there are two separate tickets and the only consideration is how long any intermediate connection is. If it less than the time stipulated in the rules then it is considered a transit and the APD through to the final destination is to be collected.

And BTW "Connection ticket or Conjunction tickets" only come into play if your are transiting through the UK are are seeking to avoid paying any APD
we flew MAN-IST and then IST-PEK back in July on 2 separate DC redemption bookings with TK. I asked at MAN for our bags to be checked through to avoid clearing customs/buying a visa at IST. We were told that they could not do it as this would be considered as a joined up booking and TK would be liable to pay extra APD on it. We said OK, received an invitation for priority passport control lane at IST and it took us about 40 min to buy a visa, clear passport and customs controls, re-check the bags at C counters and go through fast track security. They never offered us to pay more tax (which we would have refused had they done it)
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Old Aug 14, 2012, 2:50 am
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With separate tickets, how did TK know he was travelling onwards? did he tell them?

I would have thought that if he turned up with a MAN-IST ticket and said nothing then they would have checked him and his bags through to IST only, he could have got his baggage etc and rechecked in
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Old Aug 14, 2012, 3:32 am
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Apparently, the OP showed his reservation/e-ticket for IST-BKK and asked for a BP for IST-BKK or the bags to be tagged to final dest...This was not very wise as it made him liable to pay increased APD
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Old Aug 14, 2012, 3:33 am
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Originally Posted by caz312
I would have thought that if he turned up with a MAN-IST ticket and said nothing then they would have checked him and his bags through to IST only, he could have got his baggage etc and rechecked in
Yes, that would have been a better solution and most likely would have worked
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Old Aug 14, 2012, 3:37 am
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Scam may be too strong a word. It could be that TK are being over-zealous in interpreting the rules: or it could be their interpretation is one enforced by HMRC. Who knows - the Revenue might have got a handle on the amounts of this juicy tax that is escaping them through creative itineraries.

In effect, the application of the rules as described by the OP assumes that the connectivity of the journey (same airline, direct transfer, baggage straight through, boarding cards for both sectors issued in UK etc) adds up to make a powerful case over-riding the use of two tickets to circumvent the regulations.

For APD purposes connected flights are treated as one journey and APD is charged according to a passenger’s final destination irrespective of the number of flights that they take to reach this, provided the flights are connected.

Nothing to lose by asking the Revenue how they interpret the OP's intinerary for ADP purposes.
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Old Aug 14, 2012, 4:39 am
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I understand The APD Regulations require that it has to be on 1 Ticket or Tickets issued in connection when stopovers are less than 24 hours..

Every day Thousands of passengers fly via Europe on seperate tickets and request that their Bags be checked though.

So far the only instances of additional collections seem to involve TK at MAN.

I am just wondering if HMCR had closed the loophole with the 1st of April increase. If they have why no other Posts of the additional collections.

Why is there never a BA or other UK check-in person on this Forum when I need one LOL
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Old Aug 14, 2012, 6:18 am
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Originally Posted by UncleDude

So far the only instances of additional collections seem to involve TK at MAN.
Absolutely wonderful! No really, perfect....

I'm travelling on my first redemption in a few years, with my 10 month old daughter and Mrs, from MAN-IST then 3 hours later IST-HKG, in just a month...

Why, why, why?? I'm going to be in the dog house by the Mrs if this goes wrong!!

So what's the concensus then?
a) Not bother to ask for bags to be checked through, collect bags at IST, pay the £10 visa thingy to enter Turkey, and re-check for the IST-HKG flight??
b) Ask at MAN for bags to be checked through and risk having to pay APD? I'm guessing there is no real benefit to this other than not having to collect bags, they won't make themselves liable for a mis-connection surely??

Edited: 2 seperate BMI C+M redemptions, Both TK flights in C class.

Last edited by dannyrado; Aug 14, 2012 at 10:38 am
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Old Aug 14, 2012, 9:48 am
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Originally Posted by dannyrado
Absolutely wonderful! No really, perfect....

I'm travelling on my first redemption in a few years, with my 10 month old daughter and Mrs, from MAN-IST then 3 hours later IST-HKG, in just a month...

Why, why, why?? I'm going to be in the dog house by the Mrs if this goes wrong!!

So what's the concensus then?
a) Not bother to ask for bags to be checked through, collect bags at IST, pay the £10 visa thingy to enter Turkey, and re-check for the IST-HKG flight??
b) Ask at MAN for bags to be checked through and risk having to pay APD? I'm guessing there is no real benefit to this other than not having to collect bags, they won't make themselves liable for a mis-connection surely??
It's not clear whether you are travelling on two separate tickets - one ticket for each sector.

If it's a single ticket, MAN-HKG connecting in IST then you should already have paid APD bundled in the taxes and fees.


If you have two tickets: then is this a paid flight + a redemption flight: or two redemptions ? and are they both on TK?
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Old Aug 14, 2012, 10:37 am
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Originally Posted by IAN-UK
It's not clear whether you are travelling on two separate tickets - one ticket for each sector.

If it's a single ticket, MAN-HKG connecting in IST then you should already have paid APD bundled in the taxes and fees.


If you have two tickets: then is this a paid flight + a redemption flight: or two redemptions ? and are they both on TK?
Two separate BMI redemptions. Hence the concern. Appologies. Both TK.
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Old Aug 14, 2012, 10:58 am
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Originally Posted by dannyrado
Two separate BMI redemptions. Hence the concern. Appologies. Both TK.
Having dealt with the TK team at MAN, they seem to be applying the following:

- Ask them to connect the flights by checking bags through and they will ask for APD to be paid.
- Clear through immigration, collect boarding passes and bag drop in IST and you won't be asked for anything, even if they know you have two bookings.

It is asking for your ex-IST boarding passes, or asking your bags to be checked through that causes problems. In their view, doing either will mean that HMRC will consider you to have a through flight due to both of them being connected together in the system, hence the charging of APD.

No idea on whether this is right or wrong, but that is what they are working to.
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Old Aug 14, 2012, 12:15 pm
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Originally Posted by RAPC
Having dealt with the TK team at MAN, they seem to be applying the following:

- Ask them to connect the flights by checking bags through and they will ask for APD to be paid.
- Clear through immigration, collect boarding passes and bag drop in IST and you won't be asked for anything, even if they know you have two bookings.

It is asking for your ex-IST boarding passes, or asking your bags to be checked through that causes problems. In their view, doing either will mean that HMRC will consider you to have a through flight due to both of them being connected together in the system, hence the charging of APD.

No idea on whether this is right or wrong, but that is what they are working to.
I have no problem with that, half expected it when i booked.

So what's the proceedure like in IST, do i have to pre-apply for visa? Or do you still just have to give a tenner over?? Presumably it's pick up bags, clear immigration, walk to check in desks, hand bags back to check in?? What's the process like in reality?

We supposedly land at 2205 and back out at 0055, hopefully we'll be ok with that.
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Old Aug 14, 2012, 12:29 pm
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New APD regulation or TK Scam?

How can they ever police this? These are 2 separate transactions and should be treated separately. Yes if you ask for them to be joined up then I would agree the tax is liable but on 2 separate bookings and rechecking in? They simply can't . Could Hmrc ask for apd due on people who take positioning flight and then move on to our next flight? Of course not.
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Old Aug 14, 2012, 12:30 pm
  #15  
 
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Data reporting

It's the way that TK generate their data for the APD records that they have to keep in case HMRC wish to inspect them.

If you have two bookings, eg:

MAN-IST
and
IST-BKK

and just check-in for the MAN-IST sector, the data held by TK would show that you flew to IST.

If however, you ask for your bags to be sent to BKK, the records held by TK would show that you flew all the way to BKK with them.

HMRC have discovered that some carriers* were turning a blind eye to people buying two tickets in order to creatively avoid paying a higher rate of APD.

(* to be clear, I am not casting aspersions on TK or any other carrier in particular)
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