Wrongly denied boarding – Wizzair – my rights

[LondonFly]

@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?

JDB wrote:

@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!

[JDB]

@LondonFly – yes, I would append any of this additional supporting evidence you have! Good luck.

[LondonFly]

I submitted a thorough case to aviation adr based on the kind advice above. Wizzair have ignored the contents of the claim and submitted a defence incorrectly claiming the travel documents were not in order. They also reject the expenses of alternative flights claiming these are consequential loss. AviationADR ask for final passenger comments.

Do I repeat the points of the claim? mention Wizzair have ignored the contents of the claim or just leave it and wait for the adjudicator to decide?

Below are the comments of defence;
Describe the defence: Please be kindly informed that you have to present all necessary, valid travel documents at the check-in or at the boarding gate. You also need to comply with all the entry and migration requirements of the country you are flying from, through or into. If you do not have the sufficient passport or visa or any required travel document and you are refused entry into a country, you may be liable for the consequential transportation surcharge and cost of provisions. For the most accurate information about visa requirements, please contact the foreign offices, embassies or consulates of the countries you would like to visit. You will have to present the same document you provided during the online check-in. The border authorities may decide to refuse entry to their country based on information not available to us. We will not refund you for any flight or service you are not able to use because of the refusal but you may be liable for the consequential transportation surcharge and cost of provisions. In regards to your request, let me please draw your attention to the applicable section of General Conditions of Carriage: Please see the following article: 9.2. You must prove Your identity, present Your reservation code and valid Travel Documents as required under Article 11 upon check-in. Should You fail to do so, We will refuse Your carriage, cancel Your reservation and, upon Your request to Us, refund the amount of the Total Fare after deducting the amounts of the Fee For Other Services and the Seat Protection Fee. 11.1 You must have all necessary entry, exit, medical and other documents required by the Countries Affected by Carriage and to comply with the relevant rules and regulations of the Countries Affected by Carriage. The Travel Document You use for border control and boarding must be the same You used for check-in. We are not liable for the existence, propriety and validity of Your Travel Documents. If You fail to meet these requirements or should Your Travel Documents be improper or incomplete, We disclaim any and all liability for any damages arising as a result. 12.1 In addition to any other circumstances set out in other articles of these General Conditions of Carriage.

and on expenses;
Comments: Regarding your inquiry about an alternative flight, I regret to inform you that according to the General Conditions of Carriage (GCC), Wizz Air cannot be held liable for consequential damages. Please find the relevant article of our GCC below: 17.1.6. Wizz Air is not liable for loss of profits, or indirect or consequential damages. The limitations of liability of these General Conditions of Carriage are accepted by the Passenger in consideration of the amount paid for Wizz Air’s services. Please note that passengers must be aware of these conditions, as our General Conditions of Carriage have to be accepted during the booking process. Therefore, we are not able to reimburse any of your consequential costs.

[JDB]

@LondonFly – the Wizz defence is fairly standard and very lightweight.

I would respond briefly, saying that Wizz’s comments are noted but do not constitute a defence to either aspect of the claim.

1) re involuntary denied boarding, the passenger(s) did have all the correct documents for entry to the United Kingdom, as evidenced a) by the UK entry rules (see my original claim p.xx), b) Wizz’s own communication to passengers, c) the acceptance of the identical documents by Lufthansa the next day and d) entry to the UK on the same documents as presented to Wizz. The error lies with Wizz or its agents not knowing the rules and not making the effort to check the documents.

2) re expenses, Wizz’s defence that its Conditions of Carriage override EC261, Israeli Aviation Services law or UK consumer law is ridiculous and should be discarded. I refer to the Civil Aviation Authority’s CAP2155 document at Paragraphs 6.1 to 6.9 (copy attached) and the CJEU case of Rusu v Blue cited therein. Involuntary Denied Boarding under Aricle 4(3) engages Article 8 and Wizz is unquestionably liable for “necessary, appropriate and reasonable” expenses flowing from its error which the passenger is entitled to incur when Wizz fails to address the problem itself.