LOT Polish Denied Boarding in PEK

Old Mar 29, 2023, 12:19 pm
  #16  
 
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Originally Posted by guv1976
I think that it would have been wise to try to reach Aeroplan/Air Canada while you were at PEK, but hindsight is always 20:20.

Since this was a single award ticket for travel to the United States, I would file a complaint with the U.S. Department of Transportation against Air Canada (which I assume was the issuing airline). While the DOT cannot order an airline to compensate you, it can bring an enforcement proceeding against an airline if DOT perceives that the airline is not acting appropriately if they've violated DOT consumer-protection rules. DOT complaint information here:

https://www.transportation.gov/airco...umer-complaint
Originally Posted by SK AAR
I believe this is very relevant questions. If there is no history with Aeroplan except for a transfer from credit card and business class redemption, it most likely have triggered the red flag.

The OP def. needs to contact Aeroplan.
Maybe at that time, OP cannot connect Aeroplan, since Aeroplan is not 24/7, plus even during their working hours it is extremely hard to be connected (take hours of waiting)
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Old Mar 29, 2023, 1:02 pm
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I suspect LO did not leave any note in system so AC probably sees you as "no show". Then AC is unlikely to help you proactively.
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Old Mar 29, 2023, 1:10 pm
  #18  
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Do you believe this Manager is Polish?

Did the call centre and the Manager communicate in Polish?
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Old Mar 29, 2023, 5:24 pm
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Originally Posted by Fabo.sk
The whole itinerary as ticketed is third country to third country and therefore not subject to EC261/2004 regulation. Unfortunately this has been litigated relatively recently for KIV-VIE-BKK and it was ruled to be out of scope. Case C-451/20. Annoyingly, the ruling is not published in English.
I don't that's a relevant case here since in this case this was very specifically a 2 leg trip, starting outside EU++ and ending outside EU++ but connecting in VIE so EU. The main part of the ruling referred to it being only artificially in scope by dint of the transfer point and segmenting up the trip. Whereas this trip has a sector fully within the EU, namely WAW to FRA, and in my view that must be in scope. Since the Advocate-General disagreed with the courts assessment I suspect that in the unlikely event this case came to court there could be a different view on scope for this case. Moreover there are specifics about cancellation compensation which are different to IDB (in terms of the timing).
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Old Apr 1, 2023, 10:21 am
  #20  
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Hi guv1976 (and everyone who responded). Thank you all. I have been quite busy with the trip and work since returning. Just got a chance to go through the responses now (appreciate the patience). First, just want to reply to the comment. My first instinct is to go to an Air Canada desk but they don't have any (confirmed by the airport staff).

As a first update, I called Air Canada and successfully got my miles back (currently waiting for the refund of the taxes and fees).

As next step, I am intending to file a complaint with the EU and US DOT as well as filing a legal complaint if I do not receive a satisfactory response and reimbursement from LOT Polish. Maybe the EU and US DOT complaint won't go anywhere but it has to be put on record for everyone to see and could be useful if I do pursue damages though the courts. I'll provide updates.
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Old Apr 1, 2023, 10:23 am
  #21  
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Hi chris63. Thanks for your response. I do intend to pursue this option, including filing additional complaints with the US DOT. If anything, I wanted to be on record.
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Old Apr 1, 2023, 10:25 am
  #22  
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Originally Posted by SK AAR
LOT may allege that it not denied boarding as in the eyes of LOT the OP had no valid ticket.

To the OP: you do realise that for this itinerary you need Schengen visa?
I would argue that LOT Polish (in Poland) and Air Canada issued tickets and they have no problem with my itinerary. It is the LOT Polish ground crew in Beijing that would not let me board, almost in defiance of LOT Polish in Poland.

I'm an American, don't need visa to travel to the EU.
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Last edited by ny110010001; Apr 2, 2023 at 12:55 pm
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Old Apr 1, 2023, 10:28 am
  #23  
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Originally Posted by SK AAR
I believe this is very relevant questions. If there is no history with Aeroplan except for a transfer from credit card and business class redemption, it most likely have triggered the red flag.

The OP def. needs to contact Aeroplan.
Hi SK AAR. Honestly, what they told me might have been made up by the ground crew there. Not saying they are lying but I just don't know what the truth is. I did contact Aeroplan and they refunded me the miles (credit card refund pending but it is expected to be posted to my credit card within a few days).
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Old Apr 1, 2023, 10:32 am
  #24  
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Originally Posted by Fabo.sk
The whole itinerary as ticketed is third country to third country and therefore not subject to EC261/2004 regulation. Unfortunately this has been litigated relatively recently for KIV-VIE-BKK and it was ruled to be out of scope. Case C-451/20. Annoyingly, the ruling is not published in English.
Thanks Fabo.sk. Not disagreeing with you there. I would still like to file a formal complaint and have this on record even if it doesn't result in any monetary compensation. Other people and litigators can use the report for future references once it's made public.
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Old Apr 1, 2023, 11:11 am
  #25  
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Were you assigned 3C on LO92?
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Old Apr 1, 2023, 1:31 pm
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Originally Posted by ny110010001
Hi chris63. Thanks for your response. I do intend to pursue this option, including filing additional complaints with the US DOT. If anything, I wanted to be on record.
I guess you don't have a base in Europe. If so then your two lines of complaint would be to LOT, as the Flight Operator, under EC261 - I'd be surprised if they are helpful, but it's the IDB side you need to focus on. But DOT in the USA may well be more forthcoming, though obviously they are not going to implement EC261 for you. They do have their own guidelines for IDB and LOT doesn't have a lot of choice if DOT takes the matter up with the airline.
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Old Apr 2, 2023, 12:55 pm
  #27  
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Originally Posted by hugolover
Were you assigned 3C on LO92?
May I kindly ask why you think I was assigned 3C? Have you heard something? Please do tell.
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Old Apr 2, 2023, 6:44 pm
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Originally Posted by corporate-wage-slave
I guess you don't have a base in Europe. If so then your two lines of complaint would be to LOT, as the Flight Operator, under EC261 - I'd be surprised if they are helpful, but it's the IDB side you need to focus on. But DOT in the USA may well be more forthcoming, though obviously they are not going to implement EC261 for you. They do have their own guidelines for IDB and LOT doesn't have a lot of choice if DOT takes the matter up with the airline.
From a formal point of view if the ticket was marked as fraud, the case was not a IDB. It is highly doubtful that LOT marked the ticket as a fraud, it is almost certain that Aeroplan did it.
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Old Apr 2, 2023, 7:27 pm
  #29  
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Originally Posted by SPlDER
From a formal point of view if the ticket was marked as fraud, the case was not a IDB. It is highly doubtful that LOT marked the ticket as a fraud, it is almost certain that Aeroplan did it.
I doubt it. Aeroplan was fine with the ticket. No issues from them even when I called them after the fact. It was likely local LOT Polish staff who made the determination. I take their reason with skepticism. I'm just making public what they told me. I don't know if that's the true reason or if there's something sinister behind all of this.
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Old Apr 2, 2023, 8:22 pm
  #30  
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Originally Posted by ny110010001
I doubt it. Aeroplan was fine with the ticket. No issues from them even when I called them after the fact. It was likely local LOT Polish staff who made the determination. I take their reason with skepticism. I'm just making public what they told me. I don't know if that's the true reason or if there's something sinister behind all of this.
Could the flight have been oversold ?
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