Interesting potential EU261 case
#91
Join Date: Jun 2010
Location: KOI
Programs: BA
Posts: 309
I traveled with my wife SIN - LHR back in 2017, she forgot her FLR card but had a copy of it. At first, check in was refused for us as a group (Me BC, wife ILR and daughter BC), WHICH WAS THE POINT where I asked if I can still fly back to the UK alone. The answer the agent gave was yes, effectively splitting our joint booking.
The issue got resolved when the agent at SIN phoned UKBA up which gave her clearance to fly as her copy allows them to verify her leave to enter on their system.
#92
Join Date: Oct 2015
Location: London, UK
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Posts: 3,937
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).
#93
Join Date: Jun 2009
Location: LHR/SEA/YVR
Programs: BAEC G/*O E
Posts: 919
If you are truly determined to take this case to court of law, please consult a lawyer first.
#94
Suspended
Join Date: Feb 2007
Location: PVG, FRA, SEA, HEL
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Posts: 4,783
Do BAs CoC require a toddler (UK/Eire citizen) to have a government-issued photo ID for flights between Ireland and the UK?
That would be the main question for to determine, whether EC261/2004 article 7 compensation + article 8 free rebooking applies.
If the toddler would have been allowed to travel without ID then BA would be on the hook for EC261/2004 payments.
Moreover, I know cases where an airline denies boarding to only a part of a family.
In most cases the family then decided to not travel at all (to avoid a family seperation) -> I'd assume that an airline would always argue that it owes only EC261/2004 compensation to the ones who were actually denied boarding.
That would be the main question for to determine, whether EC261/2004 article 7 compensation + article 8 free rebooking applies.
If the toddler would have been allowed to travel without ID then BA would be on the hook for EC261/2004 payments.
Moreover, I know cases where an airline denies boarding to only a part of a family.
In most cases the family then decided to not travel at all (to avoid a family seperation) -> I'd assume that an airline would always argue that it owes only EC261/2004 compensation to the ones who were actually denied boarding.
Last edited by warakorn; Sep 16, 2019 at 7:00 am
#95
Join Date: Jun 2010
Location: KOI
Programs: BA
Posts: 309
I would advise against that, unless your solicitor offers a different opinion. This case is likely to fail "merit test" at hearing and repercussions of grossly wasting courts time could be quite harsh.
If you are truly determined to take this case to court of law, please consult a lawyer first.
If you are truly determined to take this case to court of law, please consult a lawyer first.
#96
Join Date: Jun 2009
Location: LHR/SEA/YVR
Programs: BAEC G/*O E
Posts: 919
Sorry, should have made clear that was not meant to question your judgment (I am all for watching a good fight from the sidelines) but rather OP's. Over hundreds of years British and European courts have mastered an art of protecting themselves from abusing the system and frivolous litigation. Wish the US followed the suit.
#97
Ambassador, British Airways Executive Club, easyJet and Ryanair
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 15,924
The CTA provisions only apply to citizens of the UK and Ireland. The OP did not provide any evidence the child is a British/Irish citizen and consequently the child could not enjoy the CTA travel provisions. All passengers who are not British or Irish must provide a passport for travel to/from the UK and Ireland.
#98
Join Date: Feb 2009
Location: YYC
Programs: BA bronze, Aeroplan peon
Posts: 4,746
The CTA provisions only apply to citizens of the UK and Ireland. The OP did not provide any evidence the child is a British/Irish citizen and consequently the child could not enjoy the CTA travel provisions. All passengers who are not British or Irish must provide a passport for travel to/from the UK and Ireland.
#99
Join Date: Apr 2001
Posts: 592
IMHO, the OP has no claim here. Any halfway competent judge would point out that there was no way he was getting on the plane and abandon his son at the airport.
With that said, it is situations like this that boggle my mind from an airline perspective. You are sitting there as a check-in agent facing a traveler who has clearly made an innocent mistake. He isn't trying to game the system (at least at this point in the narrative). Why is it so difficult to simply confirm him on the next flight? Even if they fare rules say otherwise, this is what exceptions are made for.
JS
With that said, it is situations like this that boggle my mind from an airline perspective. You are sitting there as a check-in agent facing a traveler who has clearly made an innocent mistake. He isn't trying to game the system (at least at this point in the narrative). Why is it so difficult to simply confirm him on the next flight? Even if they fare rules say otherwise, this is what exceptions are made for.
JS
#100
Join Date: Oct 2015
Location: London, UK
Programs: BAEC GGL/GFl, HH Diamond, BW Diamond, Virgin Voyages Deep Blue Extra, Blue Peter Badge Holder
Posts: 3,937
IMHO, the OP has no claim here. Any halfway competent judge would point out that there was no way he was getting on the plane and abandon his son at the airport.
With that said, it is situations like this that boggle my mind from an airline perspective. You are sitting there as a check-in agent facing a traveler who has clearly made an innocent mistake. He isn't trying to game the system (at least at this point in the narrative). Why is it so difficult to simply confirm him on the next flight? Even if they fare rules say otherwise, this is what exceptions are made for.
JS
With that said, it is situations like this that boggle my mind from an airline perspective. You are sitting there as a check-in agent facing a traveler who has clearly made an innocent mistake. He isn't trying to game the system (at least at this point in the narrative). Why is it so difficult to simply confirm him on the next flight? Even if they fare rules say otherwise, this is what exceptions are made for.
JS
It’s a bit like police officers who talk about traffic stops, if your a dick to them for stopping them, it is clear that letting you go on your way s unlikely to prevent similar future behaviour, whereas if your not (insert suitable disparaging description), they can undertake speed awareness education and it is more likely to have an effect.
As I said previously, I was not there to witness the encounter, but it is clear from the OPs description, that relationships clearly broke down.
Last edited by navylad; Sep 16, 2019 at 12:17 pm
#101
Join Date: Jul 2018
Posts: 1,281
In practice, yes. But in theory, to be enforceable this would need to be in the Conditions of Carriage, and it's not clear if there's a requirement therein to possess documents over and above what the immigration authorities might require.
#102
Join Date: Oct 2015
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And it is in the COC of every airline/ferry operator.
#105
Join Date: Oct 2015
Location: London, UK
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