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Me and my family were travelling to Paris from luton airport

 
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  • Answered by:T.DePas
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Customer Question

Me and my family were travelling to Paris from luton airport via easyjet 02/05/2012. When arriving at the gate they refused to allow two children who hold canadian passports onto the plane as they said their passports need a 3 month validity period as they were due to expire end of june. After refusal we contacted the french embassy who said that their was no reason to be refused as you should have been able to travel as the passports were valid. you only need a validity period if you require a visa which we did not. we are asking for refund on flights and also hotel which was non refundable and currency loss changing from pounds to euros and then back again. my family came from canada to england so i could travel with them, and then we would all go to paris. would we be now be able to claim for easyjet to pay for tickets for my family to travel back from canada to paris so we could do the trip again? thank you Taj

Submitted: 314 days and 19 hours ago.
Category: European Law
Value: £33
Status: CLOSED
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Expert:  T.DePas replied 314 days and 18 hours ago.

Dear customer,

Thank you for your question.

Could you please tell me:

1) how long you should have stayed in France?

2) Did you already do a return ticket for the children?

3) If the French Embassy put anything in written?

I look forward to hearing from you.

Best,

Tiziana

Customer replied 314 days and 18 hours ago.

We were due to fly out on the 02/05/12 - 05/05/12

Yes because they did not allow the children to board the plane as the information that easyjet had at the time was incorrect. Easy jet have now apoligised for this. We told easyjet to contact the french embassy who then told them that they should have allowed the children on the plane as their passports were still valid and there was no problem in flying into the country and that you only need a 3 month validity period on your passport when you fly into france and need a visa which we did not.

my family from canada included my grandad, grandma, aunt, and her two children. they all flew to england to pick me up, and then we all booked return tickets from england to france. obviously when they did not allow us to board the plane my relatives soon after flew back to canada and the trip was ruined.

Yes the french embassy has confirmation in writing. Easyjet have done their own investigations and have confirmed that they have made a mistake and sincerely XXXXX XXXXX we want refund on all of the money lost and also for them to pay for my families ticket from canada so we can do the trip again

Customer replied 314 days and 18 hours ago.

what are the passenger rights in european laws in this sort of denying passengers from boarding even when they have all of the correct documentation and it is the airline who has made the mistake because they did not have the latest upto date information regarding this and have admitted in writing they have made a mistake.

we did nothing wrong and would like a full refund of expenses that were lost due to this trip and also for them to pay for my relative to fly out again from canada so we can try the trip to france again

Accepted Answer

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Expert:  T.DePas replied 314 days and 18 hours ago.

Dear Taj,

Thank you for clarifying better your situation.

I am so sorry to hear that they have ruined your holiday without any lawful and/or reasonable ground!

Firstly, you should be informed that the airline company is responsible for the boarding control. This is surely Easyjet's liability for not training and educating their staff. When airline staff has any doubt about visas, they should check their TIM manual - the online version is called TIMATIC - which contains all the details about all legal visa and health requirements.

As a consequence, you surely have the right to claim to be refunded of your expenses and to ask for compensation of new tickets for you and your family from Canada to repair the tort of your damaged holiday.

To determine the exact amount that you can ask beyond reimbursement, I suggest you to check the following link to the official EU website containing Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights:

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l24173_en.htm

I hope this answers your question. If it does, please do not hesitate to RATE and ACCEPT my answer so that I can be compensated for my service with the amount you have already deposited. A bonus would also be very much appreciated.

Of course, I remain at your complete disposal should you have any further information.

Best,

Tiziana

Expert TypeAttorney
Category: European Law
Pos. Feedback: 94.2 %
Accepts: 118
Answered: 6/3/2012

Experience: Solicitor - Ph.D. Doctor Europaeus in EU law

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Customer replied 313 days and 22 hours ago.

Dear Tiziana

One last question. Thank you kindly for you help. Does this mean that we have the right to claim for both re-imbursement of tickets from orginal departure AND compenstation together for the trouble on top of that?

Thanks Taj

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Expert:  T.DePas replied 313 days and 21 hours ago.

Dear Taj,

Thanks for your follow-up question.

Yes, I am quite sure that you have the right to obtain both of them. For sure you can claim for reimbursement AND compensation for the tort; the company will probably respond that they are only available to reimburse you.

If this will be the case, you should then contact a lawyer in your Country who can directly deal with the case.

I strongly believe that it is worth a try.

I hope this answers your question. If it does, please do not hesitate to rate and accept my answer.

I remain at your complete disposal should you need any further help.

Best,

Tiziana

Customer replied 313 days and 21 hours ago.

sorry this really is the last question.

under

Right to compensation

1. passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than
1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

c) EUR 600 for all other flights not falling under (a)
or (b).

would this compensation be to each individual passenger of 600 euros EACH as ours would fall under category 'c' OR just the one compensation for the group booking as one lump sum of 600 euros?

Customer replied 313 days and 21 hours ago.

sorry this really is the last question.

under

Right to compensation

1. passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than
1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

c) EUR 600 for all other flights not falling under (a)
or (b).

would this compensation be to each individual passenger of 600 euros EACH as ours would fall under category 'c' OR just the one compensation for the group booking as one lump sum of 600 euros?

Thank you

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Expert:  T.DePas replied 313 days and 21 hours ago.

Dear Taj,

Don't worry I'm more than happy to help you.

The directive is clear and it refers to single passengers.

I suggest you to send a registered letter to the company specifing in details all the amounts you are asking for and supporting your request on the basis of the Regulation (EC) No 261/2004.

In this letter, you should also ask them to respond you within a given time (normally 21 days) and say that if they do not give you an answer you will bring them into Court. This would bring a default action.

In case they do not respond or they do not accept one of your requests, I recommend you to contact a lawyer.

I would be very grateful if you RATE and ACCEPT my answer so that I can be compensated for my job with the money you have already deposited. A bonus would also be very much appreciated.

Kind regards,

Tiziana

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Expert:  T.DePas replied 312 days and 17 hours ago.

Dear Taj,

I hope my answer was of assistance to you.

Please, rate and accept it so that I can get paid for my job with the amount you have already deposited.

I remain at your complete disposal should you need any further information.

I look forward to hearing from you.

Best,

Tiziana

 
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