YuropFlyer

I'll refrain to talk or answer to Lack any further, as his behaviour here quite clearly shows he's just trying to stir trouble by making up quotes, mixing up answers in a way not productive, and generally just trying to destroy any meaningful operation.

Criticism is always a good thing and should be encouraged, playing as a troll certainly isn't.

As said before, I'll take things to the legal authorities now, thanks to all those that actually put content in this thread and gave me support, both by warning me on which steps not to take, and by advise how to answer LOT.

Lack

I should have known better then to hope you'd admit to your own mistake. At least I wasn't called a lady from the transfered desk like someone else who was brave enough to have a different opinion then the OP.

weero

An excellent point and indeed not easy to address.

Regarding your reading of the crew's assessment - do you think that the OP should have disputed to be unwell? Does an offloaded passenger have to voice dissent?

I thought that once a crew member uses their authoritative power in safety matters, you have to comply but it also exposes the airline to the ensuing liabilities.

weero

But that doesn't really surprise you, does it? Not only is Oliver the 2nd person after the author to have read the CoC.

The CoC may impact what agents are empowered to offer or decline but clauses that clash with the spirit of a transportation agreement have little relevance for a court dispute.
No one ever does. I was witness to several boarding episodes where pax urged GAs and FAs to offload some pax who were so intoxicated and aggressive that they physically harassed and (in the American sense of the word) assaulted other passengers. None of the staff member could ever be bothered.
I don't drink on the surface of the planet. But I got cut off several times by UA FAs once with the combined threat that she will report me.
While clearly on the mend, you still mess with semantics here - once he signed the slip the airline already sold him a ticket. If they refused to sell him a ticket, they would at least have been consistent.
We discussed the "Mafia" issue already. OP states in paragraph #8 that the crew promised him that he'd be taken care of.
Ehm .... no. No to both the link and the 'drunk' status.
Everyone? The OP denies the drunk charges .

Lack

Nope, not at all. And I think Oliver might be the 1st and only person who read those :-).

I've linked to an earlier thread someone was denied boarding by LH. And I witnessed first hand how a flat-out-drunk person was treated upon arrival in Poland on a LOT plane. There was a couple media reported incidents with politicians and such making a ruckus after %, and we hear about and emergency landing due to unruly passengers fairly often too.

I almost don't on both surface and sky and feel ashamed for all those wasted opportunities.

Never been on the other side of the terminal, but I think the operated is supposed to check the signature against the original on the card, before actually going through with the transaction?

Which is very ambiguous as out conversation proved. And the crew might have lacked the authority on CoC, fare rules and such, thats why I'd put more weight on the gate agent words of rebooking (again, he might have not implied it was free).

I'm drunk then!

His attitude towards "crazy law" doesn't change the fact it's the law, and it applies even w/o reference to Wikipedia that Rambuster later provided.

A hospital or police document stating his BAL at 0 would greatly aid his argument there.
And there's a Police station right on the airport: http://okecie.policja.waw.pl/
Tests are free.

8420PR

While it's tempting to wade into the drunken discussion, this (the second post on the thread) seems the most important to me.

If we accept that vomiting on the plane is unfit to fly (on that specific flight) then your only hope would be that this T&C is invalidated by existing national law. Otherwise, it seems you have no comeback to LOT?

mmff

LOT does not operate and sell tickets only in Poland. Therefore, they can be taken to court in other jurisdictions and they most certainly need to comply with European regulations on air travel.

mfkne

...and these state that no compensation nor any other assistance or rebooking is due in case of denied boarding based on health, safety or documentation issues (because per EU261 this is not considered denied boarding).

Doc Savage

This one is pretty cut and dried. Unless the airline can prove the OP was drunk and not just sick to his stomach, they should have provided quick, free, and cheerful reaccommodation on the next possible flight. If that is not legally required, it ought to be. Contact your legislators.

Stay away from those snausages, OP.

Look, I can sympathize with the FAs.... a month or two ago, I was on a little 36 seat plane and the guy across the aisle began barfing as we started to roll back from the gate. The poor girl right next to him began to have sympathetic retching, and I felt a little nauseated myself just seeing it. I wished the poor guy had been taken off the flight by the FAs, as he looked miserable. Luckily, he calmed down after he had emptied out.

Ber2dca

These debates are always humorous because the defenders of the airlines tend to argue not on the basis of what a good company would do but what an airline can technically legally get away with.

While of course that is partially caused by the dick-waving nature of internet forums, there is a question as to why you would be so eager to defend a business which isn't trying to make the customer feel valued but instead uses the law against the customer.

Concerto

Dick-waving!! Brilliant! That's just what it is! (Well, maybe not in this case!) But it's fun to read and has provoked quite a discussion here.

I must say, I have cut down greatly on what food I eat in lounges. I had a very dodgy moment following an Amsterdam lounge visit earlier this year, and I believe there is a certain risk in food that is lying exposed for goodness knows how long. What comes in a packet is fine, as is what comes out of a bottle. No way is 5 beers too much, those bottles tend to be smaller than what you get in shops. I can easily sink 5 bottles of beer without any major effects, so I don't buy the 'intoxicated' accusation at all.

cockpitvisit

How did they find out you threw up in the restroom? Did you forget to close the door? Somehow I doubt the cabin crew is closely watching the action in the toilet through a peephole camera.

I have to admit I never threw up on a plane, but I quite often do rush to the restroom immediately after boarding - especially when I am in a hurry and don't have time to use the facilities in the terminal. No one has ever questioned my fitness to fly, let alone removed me from the plane.

The uncooperative attitude of the employees in the terminal is of course disturbing. Allowing the airline to remove anyone from the plane at their own discretion opens a wide door for abuse, especially in cases when the plane is overbooked and the airline can escape the EU compensation (and even collect extra money from the new ticket!) by arbitrarily declaring someone unfit to fly. I hope you take this case to a court and collect hefty punitive damages.

weero

I am also sure he knows the tail number of the bird the OP was booted from.

And its engine maintenance schedule. Plus the hours on the airframe.
That is laudable. A friend of mine also experienced the IDB of a malodorous family at FRA ... though these things happen nowhere often enough.
Worth reporting? We had a totally tanked seat neighbour on a KLM flight he became verbally abusive and so we reported him. The FAs brought him a drink to calm him down (sic!). After they told him that we complained about him, he became very aggressive and finally assaulted one of my companions but tossing the drink he received for calming down in his face.
The crew responded to our demands to have him either removed or restrained by talking to him nicely and getting him another drink less than 15 mins later...
Yes I remember those.
True ... but then I throw up if I drink more than a minimum amount of alcohol ... to add insult to incapability: every time I have been cut off by UA crews I have had exactly zero drink before and on the flight ...
But with the modern slips either 2cm wide or you having to sign with a broom-sized pen on an angled touch screen, I would not recognise any of these as intelligently designed.
I agree that is indeed a good idea. I am also very keen on documentation and it has saved my rear on various occasions.

weero

Or maybe he did close the door but it wasn't the lavatory ...
A working colleague of mine flew to Europe via HKG on an LH ticket. The flight was oversold and they tried to solicit volunteers for trinkets (HKG style - $50 for coach, $2000 for Biz). She was then approached by one of the many GAs and told that her visa was no good for this flight and she needed to be rebooked on a later flight ... they then collected the fare difference from her as her booking class "was no longer available"...
No punitive damages on Europe. This is why these games are played even with unenforceable CoC clauses.

htb

+1. And the same applies to debates about actions taken by hotel chains as well.

HTB.