Interesting potential EU261 case

Old Sep 15, 19, 5:41 pm
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Itís people like the OP that make a mockery of consumer legislation, and ruin things for others.

Itís quite clearly beyond the scope/intent of the legislation.
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Old Sep 15, 19, 5:47 pm
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[QUOTE=BTPI suppose I am motivated by (i) anger at the rude and dismissive stance of the Menzies supervisor and (ii) a genuine curiosity as to how this situation would be considered in law[/QUOTE]
How can you be angered by her stance which you describe as:

Her stance appeared to be informed by her belief that, as I was there with my child, there was no suggestion of me flying alone and that I was behaving disingenuously in citing denied boarding.

It seems that she was entirely correct and you should indeed have received short shrift.

As a technical detail, Iím trying to work out how you would have presented yourself for checkin before the deadline. Did you ever say ďcan I check-inĒ rather than ďcan we...Ē? Once you realised your mistake did you actually hand over your passport for checkin, as opposed perhaps for assistance identifying your son?
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Old Sep 15, 19, 6:05 pm
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I'm just glad I wasn't behind the OP, waiting to check in while this pullava was going on. I wonder if the conversation and ensuing issue with no BP being handed over might have made it into the DYKWIA thread instead of this one.
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Old Sep 15, 19, 6:52 pm
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Iím wondering if the outcome would have been different ifthe OP said something like ďIím a total idiot and brought the wifeís passport instead of the little ones and sheís on the way with it now ...Ē
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Old Sep 15, 19, 7:37 pm
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Unlike the cancellation/delay, duty of care, and downgrade provisions, EC 261/2004 only imposes a "reasonableness" standard on the operating carrier. Going through the folly of asking OP whether he would prefer to abandon his child into the care of local child welfare authorities or wait behind with the child strikes me as affirmatively unreasonable.

The entire issue of whether the agent made a call and, if so, to whom, is a red herring. Bright red.
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Old Sep 15, 19, 9:33 pm
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Right. So, you f'd up and you're trying to get paid from it.

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Old Sep 16, 19, 12:57 am
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Originally Posted by BTP View Post
All depends whether it was my duty to tell them I considered flying without the child, or theirs to ask me. The latter seems far more reasonable to me.
That's a very easy one. It's absolutely not BA's job let alone duty to suggest that you could fly alone. There is a more complex question as to whether they would have a duty to refuse had you asked that within check in time and seemed to be in a position to abandon a child, which is a criminal offence in most countries or whether they would have had a right to issue the boarding pass and say "it's for him to only use it if he sorts out the kid's situation first", but it is not the airline (or their representatives') job to suggest check in permutations compared to what the customers are asking.

A more common case comes when people arrive with excess luggage. An airline does not "have" to suggest that people could transfer weight to their hand luggage, what to take out, or where is the nearest bin. They are just there to remind the customers of what the allowance is.

More broadly, I think that you don't have a leg to stand on and are just wasting your time and making yourself more miserable by even thinking those things, just because you are actually angry at yourself for picking the wrong passport and trying to deflect the issue as a result and "replay" different endings.
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Old Sep 16, 19, 1:39 am
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I am really wondering that someone who is clever enough to be a Gold actually needs to post something like this; and of course your question is only theoretical in nature (so theoretical that someone was almost calling the police).

I think this not an interesting but quite an embarrassing case of EC261.
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Old Sep 16, 19, 1:51 am
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I wonder if this thread should be closed now as the OP has been well and truly chastised and nothing new is being said ?
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Old Sep 16, 19, 1:53 am
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Why was a passport necessary? What was the final destination?
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Old Sep 16, 19, 2:13 am
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It's definitely interesting to read a wide range of responses (mostly critical!), for which many thanks to all. I certainly don't feel chastised () and have learned a few things from this thread.

It is notable that most posters are taking a broad view of the circumstances vs the much more narrow matter of whether BA were justified in not checking me in despite having a valid ticket, and presenting a valid passport at check-in.

Also, whereas many people are focusing on (as they see it) me trying to make money when I had screwed up, in fact I was simply asking for advice from others based on their knowledge and experience.

Tobias - final destination was LHR. BA state on their website re ID requirements:

For flights between the UK and Republic of Ireland

If you are a citizen of the UK or Republic of Ireland who was born in that country you do not need a passport to travel between the two countries but you do require some form of photographic identification, such as a driving licence.

All other travelers require a valid passport to travel between the two countries.

I was very interested to read another poster copying an extract from Aer Lingus's website, in which they don't require photo ID for children younger than 16. I wonder why BA have adopted their more stringent requirements?
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Old Sep 16, 19, 2:18 am
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Take accountability and responsibility. You have no one else to blame but yourself .

Get over it and move on
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Old Sep 16, 19, 2:22 am
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Originally Posted by Duck1981 View Post
....clever enough to be a Gold...
Thatís new to me.
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Old Sep 16, 19, 2:23 am
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Originally Posted by BTP View Post
...So then I had a bright idea...

You guys know how many forums FT has, the BA forum is producing all the fun threads, day in and day out there will be 5 wild stories, I don't know what's happening, lol....
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Old Sep 16, 19, 3:48 am
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You turned up with invalid travel documents for your son and because of this reason alone, you did not fly. It is an unfortunate mistake to make, but these things do happen. Accept the mistake and move on.

To try and now claim EU261 compensation for denied boarding is a stretch and utterly morally wrong.
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