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@JDB
Thank you so much!
I will attach Wizzairs email confiming that the documents were in order.
Is it also neccesary to add;
1) a screenshot from Wizzair Traveldoc on their website which also states the docs requirements?
2) info from gov website confirming docs were in order?@LondonFly – unfortunately there’s no magic answer. Your friend is asking for a significant sum in compensation and reimbursement, so I think one should a) start from the basis of taking it seriously as if it were a high level work assignment and b) start from the premise the reader knows absolutely nothing about the case and like most people has a limited attention span so you need to grab their attention quickly and make your case very clear to them. Don’t miss anything out [she should try to remember as much as possible of the exchanges with the agent], but keep it concise and clear. Attach all the relevant documents including the booking, the email from Wizz saying the document presented was acceptable etc. Put it all into one PDF, number the pages and reference the page numbers in the core text. Use short, numbered paragraphs, double line spacing and wide margins.
It’s worth covering that Article 4 doesn’t explicitly cover Denied Boarding (“DB”) in relation to insufficient documentation, so you should read the Interpretative Guidelines at 3.1 as well as the judgment above.
Also, that while Wizz has rejected your friend’s compensation claim for want of a document, Wizz’s failure to provide that document is itself a breach of Article 14.
The basic premise is:-
1. The passengers held a confirmed reservation on flight XXyyy and presented themselves at the Wizz check-in counter at TLV well inside the required time limit
2. The passengers each held the necessary documentation to travel to and enter the United Kingdom in accordance with the laws of that country, Wizz’s own documentation sent to passengers and the recognised global visa/entry requirement systems such as Timatic/Sherpa
3. Wizz’s agent/representative erroneously rejected the valid travel documents, refused to listen to the passengers attempts to assist with clarification and refused to undertake any simple checks to confirm the validity of the documents presented
4. Having denied boarding, Wizz subsequently failed to provide the passengers with the required information under Article 14 and denied them the rights automatically conferred under Articles 8 and 9
5. The passengers have sought to settle the matter directly with Wizz, but the airline has peremptorily rejected the ckaim(s) twice, principally on the basis of the passenger not holding a document that Wizz failed to produce. This is a failure of the airline and cannot be used against the passenger in a perverted attempt to deny passenger rights.
6. Consequent on Wizz’s multiple failures, the passengers had no option but to purchase new tickets to fly the next day on another carrier, which accepted the identical documentation rejected by Wizz. The receipts for these tickets are attached and the passengers seek reimbursement in full.
7. [the passengers also incurred necessary additional accommodation/food/transportation costs, receipts for which are attached, also to be reimbursed in full
8. The passengers further seek involuntary denied boarding compensation of £520 per passenger pursuant to Article 4.3 and the schedule at Article 7.1(c)
Cite some relevant lines from the judgment which can also be appended.
Wizz will probably fight because it’s a big claim and one thing you should probably cover is the fact that the children <em class=”d4pbbc-italic” i=”on’t”> might not technically have been denied boarding, but if young could not have been expected to travel without their mother and maybe weren’t offered that opportunity. It’s a bit tougher if one was say 17. The whole party was de facto denied boarding, but ….
None of this constitutes advice but merely how I would go about making such a claim!
@LondonFly – yes, I would append any of this additional supporting evidence you have! Good luck.
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