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Old Jan 30, 2011 | 8:30 pm
  #1  
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Travel Document Regulations?

My apologies for not making an introduction first. I have been a Flyer Talk lurker for years but never had a need to post. Since 2005 I traveled to 6 continents spending time in wonderful places and learning so much about our amazing world. During my travels I met my wife when I was in Brazil and we now have a beautiful little baby girl. Needless to say I find traveling very rewarding and it's amazing how small our world is today with so many airlines available to get you to the far corners.

As I mentioned, I got married to and have a baby with a beautiful Brazilian woman. We spend 7-8 months a year in the USA and the rest down in Brazil (I work remotely via my laptop). She immigrated to the USA and now has her Green Card. I am going through the process of obtaining my permanent visa down in Brazil and it's been a long process.

I am going to spare you the details but basically I had to fly down to Brazil to keep the process moving forward and had to be there by a certain date. I used some of my Delta SkyMiles to book a round trip ticket and thought everything would go smoothly like the 2 dozen international flights I have taken in the last 5 years. Boy was I wrong...

When I got to the ticket counter in Dallas the supervisor denied me access to board the flight because she did not understand the paper document I was given by the Government of Brazil when I started my permanent resident process. Previously I had a tourist visa but it was expired and the legal documentation needed to enter the country was this other document given to me. She told me the only documentation the airline would accept is was a visa which was glued into my passport.

Since I had to be down there urgently or risk having to start the whole process over (18 months) I called American Airlines and got he only other flight available that night. A one way ticket cost me $1,800 and various other additional charges added another $400 to my trip.

I entered Brazil without any issues using that document they provided.

What I am trying to find out is if there is a site or something that explains exactly what airlines need to allow you to leave the USA. Is there a place where I can file an official complaint against Delta for them not allowing me to leave the USA even though I had legal documentation from the Government of Brazil? Does anyone know if Delta has a customer service department where I can file a complaint against this gate agent?
Andy R is offline  
Old Jan 30, 2011 | 9:06 pm
  #2  
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Welcome to your first post on Flyer Talk! Not an expert, but you can find all the phone numbers and contact information on www.delta.com. I think you can salvage your booking by paying a change fee, or if its their fault, they'll comp you.

Regarding government regulations and requirements, I would have phoned the airline ahead of time to ensure boarding requirements were met. Sounds standard having a passport and visa to the country.. otherwise, your document could have been misunderstood. Good luck.
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Old Jan 30, 2011 | 9:21 pm
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Originally Posted by Andy R
What I am trying to find out is if there is a site or something that explains exactly what airlines need to allow you to leave the USA.
It's not what you need to leave the US, but what you need to enter Brazil that's at issue. I don't know if Brazil publishes anything online that explains their entry requirements to airline staff, though a Google search with some familiarity of Portuguese may be fruitful.

Take a look at this website from IATA. My understanding is that the data on that site is pulled directly from the Timatic database that airlines use to determine documentation requirements for various countries. If Timatic says your documents were sufficient, I'd say you'd have some grounds to complain.
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Old Jan 31, 2011 | 4:08 am
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While the Timatic database is authoritative, it is not always complete, especially about the more obscure allowable documentation and processes. Unfortunately, when you are traveling using one of these more obscure methods of entry, it can be very much hit-and-miss as to whether the airline will know about the method of entry you are using and thus, let you on the flight.

I once was using such a method and my original airline had no difficulty in accepting me for travel, because they knew that I could get a visa on arrival using my particular passport, notwithstanding the fact that there was no documentation of this in Timatic. However, when my first flight was delayed on arrival so that I missed my onward flight, I was re-routed to another carrier and they refused to fly me because they were unaware of this procedure, and there was no way I could convince them that I would indeed be admitted - despite having my original airline assure them that it was OK, despite having the embassy of the country I was visiting say it was OK.

I ended up having to wait two days for my original carrier's next flight.
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Old Jan 31, 2011 | 5:46 am
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A few years ago, I had a flight booked DEN-YVR on F9. I was travelling on my Australian Passport, entering Canada - another member of the Commonweath. I did not need a visa. The agent at the check in desk demanded that I show her a visa for Canada.

She disappeared out the back with my passport for about 10 minutes before coming back and checking me in.
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Old Feb 4, 2011 | 6:55 pm
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I filed a complain with Delta and got a response that said the Timatic database is what they use to define what documents are required. When I looked up the information it clearly states the document I presented (protocolo) is what is needed:


I even took a video of me showing the lady the protocolo document. The gate agent made me stop recording but in hindsight I wish I had simply put my phone on the counter and had the audio recording turned on.

http://www.youtube.com/watch?v=-SUhhQRLSys

The response from Delta who said this about any liability they have for this agents actions:
As a service to our international travelers, Delta provides information regarding proper documentation for their travel and checks documentation at the time of check-in. However, passengers are responsible for complying with the laws and obtaining the necessary documents required for entry into another country (including Canada) prior to their day of travel. If a passenger travels without proper documents, the passenger may be denied entry into that country and the airline may be fined.

Our International Contract of Carriage, Rule 45, the contract that governs our tickets specifically states the following.

Carrier is not liable to the passenger for loss or expense due to the passenger's failure to comply with this provision. Carrier reserves the right to refuse carriage to any passenger who has not complied with applicable laws, regulations, orders, demands, or requirements or whose documents are not complete. No carrier shall be liable for any aid or information given by any agent or employee of such carrier to any passenger in connection with obtaining such documents or complying with such laws, whether given orally or in writing or otherwise.

The Contract of Carriage governs the terms and conditions of every ticket and includes many provisions that you may or not be aware of when you purchase a ticket, but which are expressly incorporated into each ticket
This seems like a cop out since my documents were complete. The wild thing is that the gate agent specifically told me the only acceptable documentation was a visa pasted into my passport, plain and simple.

So here is the kicker IMO. I made my reservations with SkyMiles. Since I was denied the ability to board my flight down, that means my flight back would be canceled. When I called to speak with the SkyMiles operator she told me I would have to book a return flight and pay a change fee of $145 but there would be no SkyMiles refunded. So I ended up spending twice the miles for a one way ticket back and paying $145 for the change.

Because of that agent I had to pay this extra:
- One way last minute flight on American Airlines $1,800
- Flight changes in Brazil $250
- Entry Fees to Argentina (since the only flight I could get down was through there) $150
- 13 hour layover in Buenos Aries $150 (I went to the Hilton to use the spa, a shower, steam and sauna were nice after the overnight flight) and Admirals Club plus a nice lunch.
Total = $2,350 because the lady wouldn't let me on the flight.

Since my wife is from Brazil and we spend half the year down there we have to buy 6 tickets a year right now. Our first kid is still under 2 years old (flies free on our lap) but our 2nd is on the way. That means in the future we will be buying 8-12 round trip tickets and NONE of them will be on Delta after this.

Do you all know if the airlines see the complains made to this website?
http://airconsumer.dot.gov/problems.htm
Andy R is offline  
Old Feb 6, 2011 | 12:43 am
  #7  
 
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I had one of the worst customer experiences with Delta airlines and if I can help it, I will never fly with them again. That said, American Airlines is awesome and it looks like they came through when Delta couldn't in your case!

I hope you get the money you had to spend back from Delta.
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Old Feb 6, 2011 | 11:03 am
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Originally Posted by Andy R
I filed a complain with Delta and got a response that said the Timatic database is what they use to define what documents are required. When I looked up the information it clearly states the document I presented (protocolo) is what is needed:


I even took a video of me showing the lady the protocolo document. The gate agent made me stop recording but in hindsight I wish I had simply put my phone on the counter and had the audio recording turned on.

http://www.youtube.com/watch?v=-SUhhQRLSys

The response from Delta who said this about any liability they have for this agents actions:This seems like a cop out since my documents were complete. The wild thing is that the gate agent specifically told me the only acceptable documentation was a visa pasted into my passport, plain and simple.

So here is the kicker IMO. I made my reservations with SkyMiles. Since I was denied the ability to board my flight down, that means my flight back would be canceled. When I called to speak with the SkyMiles operator she told me I would have to book a return flight and pay a change fee of $145 but there would be no SkyMiles refunded. So I ended up spending twice the miles for a one way ticket back and paying $145 for the change.

Because of that agent I had to pay this extra:
- One way last minute flight on American Airlines $1,800
- Flight changes in Brazil $250
- Entry Fees to Argentina (since the only flight I could get down was through there) $150
- 13 hour layover in Buenos Aries $150 (I went to the Hilton to use the spa, a shower, steam and sauna were nice after the overnight flight) and Admirals Club plus a nice lunch.
Total = $2,350 because the lady wouldn't let me on the flight.

Since my wife is from Brazil and we spend half the year down there we have to buy 6 tickets a year right now. Our first kid is still under 2 years old (flies free on our lap) but our 2nd is on the way. That means in the future we will be buying 8-12 round trip tickets and NONE of them will be on Delta after this.

Do you all know if the airlines see the complains made to this website?
http://airconsumer.dot.gov/problems.htm
COmplaints you make to DOT are forwarded to the airline. Be specific. COmplaints to DOT do get the attention of the airline, especially if copied to your elected representatives. Include DL's denial of your complaint.

I believe you do have a good case.
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