Interesting potential EU261 case

Old Sep 16, 2019, 1:18 pm
  #106  
 
Join Date: Jan 2006
Location: Kendal, Cumbria and Luzon
Programs: BA Silver, PR Elite, Avis Preferred Plus, PC Diamond Ambassador
Posts: 1,109
Gouged on Popcoprn

Originally Posted by navylad
And it is in the COC of every airline/ferry operator.
Is it???

Even if so--- unlikely to comply with "The CRA 2015" or EC equivalents


97 posts and Tobias above may well have hit the nail on the head again.

"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."
Modo is online now  
Old Sep 16, 2019, 1:24 pm
  #107  
 
Join Date: Jul 2018
Posts: 1,269
Originally Posted by navylad
For BA, see section 13 including section 13f.
I assume you mean 13b rather than 13f (which is concerned with airport security):

13b) You must present to us valid passports, visas, health certificates and other travel documents

Before you travel, you must present to us all passports, visas, health certificates and other travel documents you need for your journey. If we ask, you must: allow us to take and keep copies of them and deposit your passport or equivalent travel document with a member of the crew of the aircraft for safe custody until the end of the flight.
If the immigration authorities do not need a passport for the child, then that clause doesn't apply.
cauchy is offline  
Old Sep 16, 2019, 1:46 pm
  #108  
 
Join Date: Jul 2014
Posts: 124
Originally Posted by UKtravelbear
I’m wondering if the outcome would have been different ifthe OP said something like “I’m a total idiot and brought the wife’s passport instead of the little ones and she’s on the way with it now ...”
I would like to board and this is my emotional support animal?
HarryHolden68 and MNMAA like this.
BrunswickSq is offline  
Old Sep 16, 2019, 1:57 pm
  #109  
Ambassador, British Airways Executive Club, easyJet and Ryanair
 
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 15,908
Originally Posted by Jagboi
Is it is a bit of a circular argument though? UK/ROI citizens don't need documentation to travel, but you need documentation to proven you don't need documentation?
They do need documentation, although not necessarily a passport. Picture ID is required for adults travelling by air or sea, and evidence that the traveller is a British or Irish citizen.
Tobias-UK is offline  
Old Sep 16, 2019, 2:55 pm
  #110  
 
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
Originally Posted by cauchy
I assume you mean 13b rather than 13f (which is concerned with airport security):



If the immigration authorities do not need a passport for the child, then that clause doesn't apply.
No i’d suggest that the whole of 13 applies including 13f which requires you to comply with security checks including by the airline not just by security.

Verification of who you are when travelling within the CTA is for security reasons not immigration reasons and is IAW requirement advised by the CAA/IAA, Home Office, etc.

Last edited by navylad; Sep 16, 2019 at 3:13 pm
navylad is offline  
Old Sep 16, 2019, 3:04 pm
  #111  
 
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,114
Draft BA response: we would have been happy to check in this passenger, however a passenger was attempting to check-in a child without the correct documentation which prevented check-in being completed on time. As they were the same person this was solely within the passenger’s control...
londonsean69 likes this.
lorcancoyle is offline  
Old Sep 16, 2019, 3:12 pm
  #112  
 
Join Date: Jul 2018
Posts: 1,269
Originally Posted by navylad
Verification of who you are when travelling within the CTA is for security reasons not immigration reasons and is IAW requirement advised by the CAA/IAA.
I guess the awkward question is - why does that not apply when travelling from Belfast?


In hindsight, if the OP did not have a plus fare he should just have done a same-day switch to literally any other service, wait for the passport to arrive, and then switch to something earlier. And if he'd found a way of getting on with the check in staff maybe they would have made a plan. Also, is it possible to upfare from the basic fare to the plus fare?
cauchy is offline  
Old Sep 16, 2019, 3:16 pm
  #113  
 
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
Originally Posted by navylad
No i’d suggest that the whole of 13 applies including 13f which requires you to comply with security checks including by the airline not just by security.

Verification of who you are when travelling within the CTA is for security reasons not immigration reasons and is IAW requirement advised by the CAA/IAA, Home Office, etc.
Originally Posted by cauchy
I guess the awkward question is - why does that not apply when travelling from Belfast?


In hindsight, if the OP did not have a plus fare he should just have done a same-day switch to literally any other service, wait for the passport to arrive, and then switch to something earlier. And if he'd found a way of getting on with the check in staff maybe they would have made a plan. Also, is it possible to upfare from the basic fare to the plus fare?
The requirement does apply, but the advice currently given to the airlines together with their risk assessment at the moment means that ID is not necessarily being checked on UK domestic flights.

It is of course possibke that should we see the aviation threat level be increased, for example, that the SOP would then be to check IDs

There is also that it is relatively recently that UK and ROI officially signed an agreement to share biometric data, so some of the rules may of course be legacy. In aviation I understand it is often to de-escalate security procedures.

Last edited by navylad; Sep 17, 2019 at 2:51 am
navylad is offline  
Old Sep 16, 2019, 3:41 pm
  #114  
 
Join Date: Jan 2016
Location: Malvern
Programs: BAEC Gold, VS Red, HH Gold
Posts: 92
Originally Posted by BTP
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?
Just to add something which hasn’t really been touched upon as much, but BA would have a safeguarding duty over anyone presented at check in under 18, and so someone saying that they’d just leave the child and get on the flight would set off about 1000 alarm bells in my head as there was no other responsible adult to look after the child. Also the lack of ID for the child would mean (as I think someone else mentioned) that there is no proof that the OP is the father/guardian/adult responsible for the child, so as others have alluded to, I don’t believe that any small claims judge or other person in a position to grant compensation would agree with the ‘denied boarding’ element as it would appear as a money-making enterprise (sorry if that’s blunt, but the safeguarding of vulnerable persons usually comes above most other things on a list)
stampcollector is offline  
Old Sep 16, 2019, 4:27 pm
  #115  
 
Join Date: Jul 2003
Location: EARTH
Posts: 295
OP was asking for others with similar experiences, here is mine:

Checked in with EI at DUB apt to fly to HAM with wife and child to be the best man at my friends wedding the next day. Checked in as a party of 3, because we are good like that.

Our child’s passport had expired which was clearly our fault.
The friendly Check-in lady spotted the invalid document and denied all 3 of us to complete checkin.
We missed the flight.
Now where do I claim compensation for my wife and I, OP?
Yemona is offline  
Old Sep 16, 2019, 10:22 pm
  #116  
 
Join Date: Aug 2007
Location: Spitalfields, London
Programs: BA Gold, KFC 'The Colonel's Club' Palladium tier, Mucci des Visions Célestes du Nord-Pas-de-Calais
Posts: 2,306
Originally Posted by J S
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
Because there is money to be made?!
choosethedrew is offline  
Old Sep 16, 2019, 10:27 pm
  #117  
A FlyerTalk Posting Legend
 
Join Date: Jan 2002
Posts: 44,543
Originally Posted by J S
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.
No - that is what travel insurance is for, If someone chooses to buy a ticket that is restricted, then they take the risks associated with it. Buy a flexible ticket and can have the benefits

Staff shouldn't be making exceptions - there should be consistency in what agents do and should be in line with the rules

There is nothing exceptional about a person turning up with incorrect passport
Dave Noble is offline  

Thread Tools
Search this Thread

Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.