Involuntary denied boarding for visa by SQ (compensation?)
Dec 16, 2015, 8:11 pm
#1
Original Poster
Join Date: Nov 2010
Programs: EK Gold, Marriott/SPG/Hilton Gold
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Involuntary denied boarding for visa by SQ (compensation?)
My mum was travelling from SYD-BOM two months ago. She has an Australian Passport and is also an Overseas Citizen of India (OCI). There was a bit of a mix up at the Airport as she recently got a new Australian passport (old one expired) which did not contain her OCI Life Long Visa, she did however have her OCI booklet/passport on her. SQ staff insisted that she needed this visa in her new Australian Passport to travel and denied her boarding. I rang the Indian Consulate who said this was not a requirement and they issued an email which enabled mum to get the afternoon flight, also she had no dramas when actually entering Mumbai. My understanding was that TIMATIC is the official system they must use for visa guidelines. Having complained to SQ about the matter they say they are placing reliance on information provided by a third part visa service provider VFS. Per TIMATIC mum should have been allowed to travel. After months of correspondence SQ are refusing to take responsibility for the error and to provide involuntary denied boarding compensation. Does anyone have any suggestions on next steps? Or a view on if we are in the right?
Dec 17, 2015, 12:26 am
#2
Join Date: Nov 2006
Programs: MPC,CA,MU,AF
Posts: 8,171
My mum was travelling from SYD-BOM two months ago. She has an Australian Passport and is also an Overseas Citizen of India (OCI). There was a bit of a mix up at the Airport as she recently got a new Australian passport (old one expired) which did not contain her OCI Life Long Visa, she did however have her OCI booklet/passport on her. SQ staff insisted that she needed this visa in her new Australian Passport to travel and denied her boarding. I rang the Indian Consulate who said this was not a requirement and they issued an email which enabled mum to get the afternoon flight, also she had no dramas when actually entering Mumbai. My understanding was that TIMATIC is the official system they must use for visa guidelines. Having complained to SQ about the matter they say they are placing reliance on information provided by a third part visa service provider VFS. Per TIMATIC mum should have been allowed to travel. After months of correspondence SQ are refusing to take responsibility for the error and to provide involuntary denied boarding compensation. Does anyone have any suggestions on next steps? Or a view on if we are in the right?
Dec 17, 2015, 12:37 am
#4
Join Date: Mar 2015
Programs: HH Diamond, GHA Titanium
Posts: 1,961
I would imagine the main consideration here is where there are any laws in Australia or India (or maybe SG) that mandate any IDB payout. I know EU (and I suppose US) laws specify the quantum of compensation in IDB scenarios, but obviously these don't apply to a SYD-BOM flight.
Dec 17, 2015, 12:51 am
#5
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Join Date: Nov 2010
Programs: EK Gold, Marriott/SPG/Hilton Gold
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The trouble is SQ are refusing to acknowledge that it's a case of IDB. They say they followed regulations. In fact they have changed their story. First they said they followed TIMATC then I called them out on it and now they say they followed VFS. Is there any means to escalate?
Dec 17, 2015, 1:05 am
#6
Join Date: Mar 2015
Programs: HH Diamond, GHA Titanium
Posts: 1,961
The trouble is SQ are refusing to acknowledge that it's a case of IDB. They say they followed regulations. In fact they have changed their story. First they said they followed TIMATC then I called them out on it and now they say they followed VFS. Is there any means to escalate?
If I understand your initial post correctly, i.e. "... enabled mum to get the afternoon flight, also she had no dramas when actually entering Mumbai," she did eventually get on a later, same-day flight to BOM. Did you have to pay extra for this second flight?
Dec 17, 2015, 1:55 am
#7
Join Date: Jul 2011
Posts: 1,158
I would imagine the main consideration here is where there are any laws in Australia or India (or maybe SG) that mandate any IDB payout. I know EU (and I suppose US) laws specify the quantum of compensation in IDB scenarios, but obviously these don't apply to a SYD-BOM flight.
Dec 17, 2015, 6:48 am
#8
Suspended
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That is incorrect. If EC 261/2004 applied, there would be a simple factual determination to be made. E.g., "was the visa requirement properly made and thus the boarding properly denied?" If so, no compensation. If so, EC 261/2004, in all its majesty, would apply and the aggrieved passenger could apply to the carrier and then the courts for compensation. EC 261/2004, of course does not apply here.
Dec 17, 2015, 2:35 pm
#9
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Join Date: Mar 2001
Location: AU
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Unfortunately Australia doesn't have IDB laws. While you may wish to pursue SQ for some sort of compensation based on goodwill/inconvenience, you will have a hard time pointing to any specific law for protection.
Dec 17, 2015, 4:58 pm
#10
Join Date: Apr 2007
Location: Anywhere
Posts: 6,576
What losses did you incur, exactly (other than time and hassle)?
If I understand your initial post correctly, i.e. "... enabled mum to get the afternoon flight, also she had no dramas when actually entering Mumbai," she did eventually get on a later, same-day flight to BOM. Did you have to pay extra for this second flight?
If I understand your initial post correctly, i.e. "... enabled mum to get the afternoon flight, also she had no dramas when actually entering Mumbai," she did eventually get on a later, same-day flight to BOM. Did you have to pay extra for this second flight?
Dec 18, 2015, 7:01 pm
#13
Join Date: Dec 2008
Location: Hong Kong
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Posts: 1,140
I had an identical experience, and resolved it by doing as my Singaporean colleagues advised - create a big stink and escalate at least 2 levels.
Dec 19, 2015, 4:14 pm
#14
Moderator, Hilton Honors
Join Date: Nov 2003
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All airlines with extensive international flights rely on third party providers for visa information.
Dec 20, 2015, 1:13 am
#15
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Join Date: Nov 2010
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Already tried that. They won't budge. They didn't use TIMATC like they are supposed to. Anybody have ideas on other means of escalation? Department of fair trading couldn't help and recommended legal aid.