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-   -   Interesting potential EU261 case (https://www.flyertalk.com/forum/british-airways-executive-club/1987401-interesting-potential-eu261-case.html)

BTP Sep 16, 2019 3:59 am


Originally Posted by HarryHolden68 (Post 31529709)
No case to answer.

By their own admission, the entire party arrived with incomplete documentation and could not check in as an entity. The party later asked to separate the booking, but only after the flight had closed. This was correctly communicated.
If you think not having the correct documentation is somehow BA's fault, submit your claim.
When you lose, issue a MCOL. When you lose that, get over it and move on.

Alternatively, stop thinking that everything is the fault of somebody else. More so when your error is the root cause.

Again, is BA entitled to treat check-in as "joint". Can't find any reference on their CsOC.

Of course, the original error was mine - I don't shirk from that. But, could it not be that BA also made an error, in not checking in someone who had properly presented for check-in?

Cheers

BTP Sep 16, 2019 4:02 am


Originally Posted by bricksoft (Post 31529743)
You arrived at check-in and tried to check in as a party of 2 with incorrect documentation for your son.
At this point you had the opportunity to ask for the party to be split and checked-in as individuals.
You did not request to be split until after the check-in deadline.

If you had asked earlier and check-in staff refused to accept you individually then EU261 denied boarding may be valid.
But you asked to split too late and EU261 does not apply.

Check-in staff cannot know you want to split unless you tell them.

From where does the duty upon me arise, to ask for a group checking into be "split"?

Does BA not have a duty to check in all persons properly presenting to check-in? If they intend not to check in one (or more) persons in a group due to a documentary lapse of another member, is the onus not on them to obtain consent for this?

BTP Sep 16, 2019 4:04 am


Originally Posted by navylad (Post 31529741)
From what I can tell, from what you have written, the check in agent and their supervisor have acted reasonable at all points and no there is no requirement for them to state anything. The onus is on you as per the COC.



your right, they don’t distinguish, however they do require you as an individual to have completed check/in before the check-in deadline which you, and I repeat the onus is on you to have completed, did not.

I will bow bow out of the discussion at this point given points have been made and little point in repeating them and obviously need to comply with FT rules.

Best of luck eith whatever action you decide.

Thanks very much, sailor! :)

Cheers

Mike P Sep 16, 2019 4:10 am


Originally Posted by BTP (Post 31529718)
Hi Tobias,

Your argument is superficially attractive and I respect your good intentions in writing what you have.

However, you appear to make no distinction between myself (correct documentation) and my son (incorrect). Of course the latter is my fault! However, does it follow from Person B not having the correct documentation, that the airline may refuse to check in Person A on the same booking, when Person A has properly presented for check-in; and particularly, to do so without seeking consent from Person A, nor indeed explaining this to Person A in any way whatsoever?

Cheers,
BTP

BTP, are you a lawyer? I'm pretty certain that Tobias UK is so suspect you got a free legal opinion here. Whilst I realise that you made a mistake and have admitted that, I get the feeling you are fishing for someone to tell you what you want to hear and I suspect you are going to be disappointed.

ajeleonard Sep 16, 2019 4:14 am

The way I would see it is if you presented yourselves for check in as a group, then a problem with one member of the group halts checkin for the whole group.

If the group wanted to split and some members proceed without others then the obligation is on those members who wish to proceed with checkin to inform the staff of that (before checkin closes)

If BA policy were to automatically proceed with checkin for all members of a group except the one (or more) with a problem then they would be putting pressure on the group to split and abandon the one (or more) with a problem. In OPs case it would have meant BA implicitly telling him to abandon his son.

BTP Sep 16, 2019 4:16 am


Originally Posted by Mike P (Post 31529768)
BTP, are you a lawyer? I'm pretty certain that Tobias UK is so suspect you got a free legal opinion here. Whilst I realise that you made a mistake and have admitted that, I get the feeling you are fishing for someone to tell you what you want to hear and I suspect you are going to be disappointed.

Hi Mike, no I am not a lawyer but contracts (and sometimes disputes) is a substantial part of my job. Just really interested in the debate & what other people think, it's always good to get other people's perspectives on a situation which has affected you, hopefully others can learn stuff (I have!) on common travel area, different airlines ID rules, etc. etc.

Cheers

salut0 Sep 16, 2019 4:17 am


Originally Posted by BTP (Post 31529517)
BA state on their website re ID requirements:

https://www.britishairways.com/en-gb...-visas-and-api

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.

Could a U.K.- or ROI-born citizen resident in a third country show a third country issued photo ID or driving licence and no passport?

Mike P Sep 16, 2019 4:19 am


Originally Posted by BTP (Post 31529776)
Hi Mike, no I am not a lawyer but contracts (and sometimes disputes) is a substantial part of my job. Just really interested in the debate & what other people think, it's always good to get other people's perspectives on a situation which has affected you, hopefully others can learn stuff (I have!) on common travel area, different airlines ID rules, etc. etc.

Cheers

Fair comments and thanks for coming back.

navylad Sep 16, 2019 4:20 am


Originally Posted by salut0 (Post 31529777)
Could a U.K.- or ROI-born citizen resident in a third country show a third country issued photo ID or driving licence and no passport?

Only if the third country photo ID confirmed the nationality as being ROI or UK citizen, else a passport is required.

alex67500 Sep 16, 2019 4:22 am


Originally Posted by salut0 (Post 31529777)
Could a U.K.- or ROI-born citizen resident in a third country show a third country issued photo ID or driving licence and no passport?

I was wondering about that... I traveled to DUB from LCY on a French passport and had to go through immigration upon landing (we all did, it wasn't just because of my passport), but on the way back there was an ID check at boarding, an then we landed as a domestic flight in LCY. I thought it was a bit weird.

Also, inside of the EU, an ID card is sufficient, but you can't use the e-gates so I carry my passport everywhere now.

Tobias-UK Sep 16, 2019 4:25 am


Originally Posted by BTP (Post 31529718)
Hi Tobias,

Your argument is superficially attractive and I respect your good intentions in writing what you have.

However, you appear to make no distinction between myself (correct documentation) and my son (incorrect). Of course the latter is my fault! However, does it follow from Person B not having the correct documentation, that the airline may refuse to check in Person A on the same booking, when Person A has properly presented for check-in; and particularly, to do so without seeking consent from Person A, nor indeed explaining this to Person A in any way whatsoever?

Cheers,
BTP

Oh I considered that argument, and rejected it. Perhaps you should consider the evidence dispassionately? You presented yourself at check-in purporting to be the father of the child but provided no evidence of that fact.You were unable to provide any evidence to the check-in agent that the child was either a British or Irish citizen and thus able to enjoy the travel provisions under the CTA.

According to your own account of the situation you never once indicated to the check-in agent that you would be prepared to travel without the child. No person (when applying the 'reasonable person' test) would even contemplate that a parent would leave (abandon?) a child at an airport so they could take a flight in the situation you present to us.

If you genuinely intended to travel without the child then you should have advised the check-in agent of your intent you would have been given a boarding pass. In such a situation (when applying the 'reasonable person' test) you would have advised the check-in agent that you would have the child collected by a relative or friend before passing through airport security. You did not do any of that, that was your choice, that was your decision, that was your mistake. At the end of the day everything that prevented you from travelling was because of you, because of your mistakes. You screwed up here, not the check-in staff and in my view, and for the reasons above, what occurred falls outside EC261.

navylad Sep 16, 2019 4:26 am


Originally Posted by alex67500 (Post 31529789)
I was wondering about that... I traveled to DUB from LCY on a French passport and had to go through immigration upon landing (we all did, it wasn't just because of my passport), but on the way back there was an ID check at boarding, an then we landed as a domestic flight in LCY. I thought it was a bit weird.

Also, inside of the EU, an ID card is sufficient, but you can't use the e-gates so I carry my passport everywhere now.

As a non ROI/UK citizen, the ID check required you to have a passport. Has you been a ROI/UK citizen, then you would have required an ID that is acceptable to the airline to confirm that you are who you say you are and a nationality that allows you to travel between the two states without a passport. I still just use a passport though personally.

WRT travel within the EU as you call it, you actually mean within the Schengen area. This is a separate scheme amongst some but by no means not all EU states (26 out of 28 countries).

BTP Sep 16, 2019 4:35 am


Originally Posted by Tobias-UK (Post 31529790)
Oh I considered that argument, and rejected it. Perhaps you should consider the evidence dispassionately? You presented yourself at check-in purporting to be the father of the child but provided no evidence of that fact.You were unable to provide any evidence to the check-in agent that the child was either a British or Irish citizen and thus able to enjoy the travel provisions under the CTA.

According to your own account of the situation you never once indicated to the check-in agent that you would be prepared to travel without the child. No person (when applying the 'reasonable person' test) would even contemplate that a parent would leave (abandon?) a child at an airport so they could take a flight in the situation you present to us.

If you genuinely intended to travel without the child then you should have advised the check-in agent of your intent you would have been given a boarding pass. In such a situation (when applying the 'reasonable person' test) you would have advised the check-in agent that you would have the child collected by a relative or friend before passing through airport security. You did not do any of that, that was your choice, that was your decision, that was your mistake. At the end of the day everything that prevented you from travelling was because of you, because of your mistakes. You screwed up here, not the check-in staff and in my view, and for the reasons above, what occurred falls outside EC261.

Yes I am sure that would be the most tempting view for the Court to take, especially if invited to by BA's lawyers.

Given that there is very little appetite for my arguments here, I suspect that would be replicated in a Court and I won't take this any further. But I hope this thread has been interesting for reasons I wrote above (CTA, different airlines ID rules, etc.). And this has been a good lesson to me to check which passports I am putting in my bag before leaving home! (Look forward to the new blue UK ones - then at least my son's and wife's will be different colours!

Thanks all for sharing insights.

alvinlwh Sep 16, 2019 4:36 am


Originally Posted by BTP (Post 31529729)
Hi alvinlwh,

That's a reasonable argument and one which BA may well make in some shape or form in the unlikely event that this does end up before a Court.

However, don't you find the lack of communication from the (contract) check-in agent around his assumptions and their consequences, to be the elephant-not-in-the-room of this matter? In other words, even if he was reasonable (or even "right") to make those assumptions, was he also right not to state them, and obtain explicit consent?

Cheers,
BTP

Simple fact is that yours is a joint booking, therefore it is reasonable for a reasonable person to assume that the whole party wants to be together. This assumption is further enforced by the fact that one of the party is a minor with no obvious care if the other and only adult in the booking left on the flight. You did not offer up the fact that you can arrange for alternative childcare in time. Therefore the agent can only assume what will happen if you were let onboard based on available facts at that time. No further communication required and certainly no need for "out of the box" thinking of issuing you with a BP but you not boarding.

As I said, best to take them to court and see what the court says. I am assuming that many here will also like to know, so do keep us updated.

alex67500 Sep 16, 2019 4:46 am


Originally Posted by navylad (Post 31529791)
As a non ROI/UK citizen, the ID check required you to have a passport. Has you been a ROI/UK citizen, then you would have required an ID that is acceptable to the airline to confirm that you are who you say you are and a nationality that allows you to travel between the two states without a passport. I still just use a passport though personally.

OK that makes sense.


Originally Posted by navylad (Post 31529791)
WRT travel within the EU as you call it, you actually mean within the Schengen area. This is a separate scheme amongst some but by no means not all EU states (26 out of 28 countries).

No actually national ID cards were enough for EU travel since before Schengen even existed. And until they installed e-gates, I've frequently been back and forth between France and the UK on a just my ID because it was easier to carry (in fact I didn't even have a passport for the my first 4 years here).


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