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Old Mar 14, 2010, 9:46 am
  #196  
 
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I’ve read all the postings on this thread with interest.

My conclusion, based on 20+ years in law enforcement, and which I think was alluded to by someone deep in some post a while back, is that OP said something, did something, was wearing something, carrying something or looked a certain way when he was in Gainesville that wasn’t included as part of this story. I’d love to hear the Gainesville agent’s version of this story. I think there’s more to it. But I’m a cynic…

Too many posters here have said they’ve run the DL “visa gauntlet” to Thailand without issue…and without a return ticket…for that alone to have stopped OP.

I see what DL is claiming now about having to have tickets or a visa, but I’m skeptical.

Just my thoughts.
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Old Mar 14, 2010, 10:28 am
  #197  
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Originally Posted by AJDelvarno
I’ve read all the postings on this thread with interest.

My conclusion, based on 20+ years in law enforcement, and which I think was alluded to by someone deep in some post a while back, is that OP said something, did something, was wearing something, carrying something or looked a certain way when he was in Gainesville that wasn’t included as part of this story. ....
What in the world does this have to do with refusing to board someone over a visa issue??
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Old Mar 14, 2010, 10:49 am
  #198  
 
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Originally Posted by bocastephen
What in the world does this have to do with refusing to board someone over a visa issue??
In my opinion, OP’s story doesn’t ring true. It might have ended as a visa issue, but I’m just not convinced it started as one. That’s all.

Thanks for the question.
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Old Mar 14, 2010, 10:53 am
  #199  
 
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Originally Posted by hfly
Do you knopw the difference between right, and legally right? The agent was an absolute moron, for about 10 different reasons,a nd misinformed the passenger. HOWEVER unless the OP has the incident recorded (and I am not going to get into the admissability of that) on audio or video, the fact remains that he has no chance of winning anything in court. He SHOULD have bought a ticket right there and then and had proof, even had the agent still denied him, Delta would have made it up as he would have been following the letter of the law (or timeatic) but as it stands, again, it is "he said, she said" and there is no solid proof to back up the OP in a court of law.
Unless DL actually brings the original agent to the trial, it will be an "OP said something, DL said nothing." DL can bring the original agent's notes in the OP's PNR if it wants, but if the OP does a good job those won't be admissable without the original agent. The original agent would need to authenticate them and subject himself to cross-examination.

The OP can also testify that phone agents told him he must have a DL flight, which is a straight up lie. And again, unless the agent he spoke to shows up to testify, only the OP's story will be in evidence.
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Old Mar 14, 2010, 11:09 am
  #200  
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and if the OP had bought a ticket, DL would have already made this right already.
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Old Mar 14, 2010, 11:35 am
  #201  
 
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Originally Posted by hfly
Do you knopw the difference between right, and legally right? The agent was an absolute moron, for about 10 different reasons,a nd misinformed the passenger. HOWEVER unless the OP has the incident recorded (and I am not going to get into the admissability of that) on audio or video, the fact remains that he has no chance of winning anything in court. He SHOULD have bought a ticket right there and then and had proof, even had the agent still denied him, Delta would have made it up as he would have been following the letter of the law (or timeatic) but as it stands, again, it is "he said, she said" and there is no solid proof to back up the OP in a court of law.
Not necessarily. If Delta caused him undue harm arising from a Delta policy not specifically contained within any contract he signed with Delta, he could most definitely win.
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Old Mar 14, 2010, 5:23 pm
  #202  
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Originally Posted by bocastephen
What in the world does this have to do with refusing to board someone over a visa issue??
I think the poster is looking at it from his KEO perspective..... no visa, illegal immigrant etc. etc
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Old Mar 14, 2010, 5:38 pm
  #203  
 
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Originally Posted by DaDaDan
Unless DL actually brings the original agent to the trial, it will be an "OP said something, DL said nothing." DL can bring the original agent's notes in the OP's PNR if it wants, but if the OP does a good job those won't be admissable without the original agent. The original agent would need to authenticate them and subject himself to cross-examination.

The OP can also testify that phone agents told him he must have a DL flight, which is a straight up lie. And again, unless the agent he spoke to shows up to testify, only the OP's story will be in evidence.
I've read several posts in this thread asserting that "the OP can't 'prove' anything"... etc. Thank you, someone else who knows and understands the rules of evidence.

My only worry on the OP's behalf is that the contract of carriage, or some other policy document incorporated by it, has a "we can deny you boarding for any other reason we see fit" catch all. Or, that it compels arbitration.
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Old Mar 14, 2010, 5:40 pm
  #204  
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Originally Posted by hfly
and if the OP had bought a ticket, DL would have already made this right already.
Funny, that this small point good make a big difference.

Beyond the front line, conclusions are not drawn based on "notes in the PNR." If this situation has been elevated to the point claimed, there must be something missing from the original story (as alluded to earlier).
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Old Mar 14, 2010, 5:53 pm
  #205  
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Originally Posted by DaDaDan
Unless DL actually brings the original agent to the trial, it will be an "OP said something, DL said nothing." DL can bring the original agent's notes in the OP's PNR if it wants, but if the OP does a good job those won't be admissable without the original agent. The original agent would need to authenticate them and subject himself to cross-examination.

The OP can also testify that phone agents told him he must have a DL flight, which is a straight up lie. And again, unless the agent he spoke to shows up to testify, only the OP's story will be in evidence.
Yesss. Some people think that producing a piece of paper is sufficient, but it's not. The agent who recorded the notes in the PNR would have to testify that he, indeed made those notes. In cross examination, he would be asked things like "Are you sure you recorded everything that was relevant?" He will be asked what his response was when the OP offered to buy a ticket of Thailand before the expiry of 30 days. He can lie, but a good cross examination can catch the lie. In order to conduct a good cross examination, the OP needs a lawyer. In a small claims court, the judge could have an attitude exhibited in one of the posts here. With a proper lawsuit in a proper court with a proper lawyer on his side, though will cost more, the OP can prove his case. Cross examination of the agent is the key to this case.
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Old Mar 14, 2010, 5:55 pm
  #206  
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Originally Posted by DCA-SEA
I've read several posts in this thread asserting that "the OP can't 'prove' anything"... etc. Thank you, someone else who knows and understands the rules of evidence.

My only worry on the OP's behalf is that the contract of carriage, or some other policy document incorporated by it, has a "we can deny you boarding for any other reason we see fit" catch all. Or, that it compels arbitration.
That will not hold. Just because something is in contract of carriage doesn't mean it's legal.
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Old Mar 14, 2010, 5:59 pm
  #207  
 
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Originally Posted by hfly
The problem that you are going to have with this route is that while the agent handled it wrong, by not having a valid e-ticket in your hand to prove that you would be leaving BKK within 30 days, you simply cannot win as per the letter of the law.

Sorry, I my laptop battery is running low, so I couldn't read all 14 pages of posts ( I read first 3 and last 2 pages) but how does an e ticket prove you would be leaving within 30 days...
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Old Mar 14, 2010, 6:07 pm
  #208  
 
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Originally Posted by Live4Miles
Sorry, I my laptop battery is running low, so I couldn't read all 14 pages of posts ( I read first 3 and last 2 pages) but how does an e ticket prove you would be leaving within 30 days...
It doesn't. The requirement isn't to prove that you will leave but to show evidence of onward travel.

Actually, I just looked up the visa requirements again and got the following:

Passport required.
- Passport and/or passport replacing documents must be valid
for at least 6 months upon arrival.

Visa required, except for A touristic stay of max. 30 days:
- for holders of normal passports, being nationals of the
U.S.A.(except passports issued in the Marshall Islands);
Additional Information:
- All passports must be in good condition.
- Those travelling to Thailand with a visa issued prior to
arrival, are permitted to travel on a one-way ticket.
- It is strongly recommended to hold documents for next
destination as passengers may be subject to random checks.
- Visitors over 12 years of age must hold sufficient funds to
cover their stay (at least THB 20,000.- or USD 640.- per
person/family).
I seem to remember the prior language posted to this thread being mandatory, rather than "strongly recommended." But very interesting.
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Old Mar 14, 2010, 6:26 pm
  #209  
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Originally Posted by Live4Miles
Sorry, I my laptop battery is running low, so I couldn't read all 14 pages of posts ( I read first 3 and last 2 pages) but how does an e ticket prove you would be leaving within 30 days...
Neither does a ticket to Bangkok with less than 30 days stay. The ticket satisfies the letter of the law and Delta.
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Old Mar 14, 2010, 8:07 pm
  #210  
 
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Originally Posted by DCA-SEA
I've read several posts in this thread asserting that "the OP can't 'prove' anything"... etc. Thank you, someone else who knows and understands the rules of evidence.

My only worry on the OP's behalf is that the contract of carriage, or some other policy document incorporated by it, has a "we can deny you boarding for any other reason we see fit" catch all. Or, that it compels arbitration.
There is also something called an unconscionable contract -- just because something ridiculous is in a contract does not mean it's enforceable, especially when the two parties do not enter the contract on equal footing.
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