LOT Polish Denied Boarding in PEK
#16
Join Date: Aug 2016
Posts: 62
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
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
#19
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Join Date: Feb 2010
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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.
#20
Original Poster
Join Date: Apr 2018
Posts: 31
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.
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.
#22
Original Poster
Join Date: Apr 2018
Posts: 31
I'm an American, don't need visa to travel to the EU.
Last edited by ny110010001; Apr 2, 2023 at 12:55 pm
#23
Original Poster
Join Date: Apr 2018
Posts: 31
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).
#24
Original Poster
Join Date: Apr 2018
Posts: 31
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.
#26
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Join Date: Feb 2010
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Posts: 63,475
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.
#28
Join Date: Dec 2007
Location: POZ
Programs: LH*S (FTL), OZ*G, Accor gold, HH Diamond
Posts: 270
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.
#29
Original Poster
Join Date: Apr 2018
Posts: 31
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.
#30
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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.