Inadmissibility due to airline foul-up
Thread Starter
Inadmissibility due to airline foul-up
I recently bought a ticket from London to Gibraltar to which a UK passport gives the right to stay for a long period of time. Gibraltar is tricky to fly to, and requires special training to land at. Airline lacked flight crew with suitable training and announced prior to boarding it would fly to Malaga airport in Spain.
My UK passport would normally let me in to Spain without a problem but I was inadmissible due to having used up my stay allowance in the Schengen area. Other pax who had a visa for Gibraltar but needed and lacked a visa to Schengen/Spain were denied boarding by handling agent in London.
Handling agent at London, despite prodding from me, saw only a passport which would normally grant entry without a visa and didn't care about Schengen stay allowance; flight crew after some dialogue understood the issue after the aircraft doors were opened in Malaga, Spain.
The weather was good in both Gibraltar and Malaga and en route. The aircraft had no technical issues. Fuel should not have been an issue. Airline declined to provide proof of reason for divert as they wanted to record it as operational issues and avoid EU261 liability to offloaded pax.
I was fortunate that arrival immigration at Malaga did not know or did not care about a potential overstay and let me in without questions. If they had refused entry, who is liable for the cost of my return to original airport and any inadmissibility fine ? Can the airline claim the costs back from me as a passenger when the divert is due to lack of suitably trained flight crew and announced just before boarding ?
My UK passport would normally let me in to Spain without a problem but I was inadmissible due to having used up my stay allowance in the Schengen area. Other pax who had a visa for Gibraltar but needed and lacked a visa to Schengen/Spain were denied boarding by handling agent in London.
Handling agent at London, despite prodding from me, saw only a passport which would normally grant entry without a visa and didn't care about Schengen stay allowance; flight crew after some dialogue understood the issue after the aircraft doors were opened in Malaga, Spain.
The weather was good in both Gibraltar and Malaga and en route. The aircraft had no technical issues. Fuel should not have been an issue. Airline declined to provide proof of reason for divert as they wanted to record it as operational issues and avoid EU261 liability to offloaded pax.
I was fortunate that arrival immigration at Malaga did not know or did not care about a potential overstay and let me in without questions. If they had refused entry, who is liable for the cost of my return to original airport and any inadmissibility fine ? Can the airline claim the costs back from me as a passenger when the divert is due to lack of suitably trained flight crew and announced just before boarding ?
Last edited by davidjohnson6; 26th Oct 2023 at 06:08.
PPRuNe Handmaiden
Usually the airline is responsible for the cost of sending you back, as they should have checked your validity to travel.
I doubt it - you were booked to travel to Gibraltar, it is they who had the operational issue - not you.
However, I am no lawyer.
I doubt it - you were booked to travel to Gibraltar, it is they who had the operational issue - not you.
However, I am no lawyer.
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Why did you board for an EU destination knowing you had your Schengen days used up? I would not have boarded. The airline should have compensated you and rebook you to the next Gibraltar flight.
Thread Starter
Even after explaining the issue at length to captain on arrival and his then discussing for a while with airline head office, the only option offered was "we can fly you home if you want", but no offer of a seat the next day to the original planned non-Schengen destination. Didn't seem like a good deal to me !
Last edited by davidjohnson6; 26th Oct 2023 at 16:41.
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They had a contract to fly you to Gib didn't they?
Thread Starter
Airline planned to fly me to Malaga and then bus to Gibraltar. Anyone with a UK passport was told to take this option or forfeit the cost of the ticket. And forfeit the cost of any other travel arrangements like hotel. Captain admitted verbally before departure that the airline just didn't have any pilots available who were qualified to land at Gibraltar.
Yes, an otherwise reputable airline.
Anyway, I digress... back to the topic...
Anybody have thoughts on liability for a Schengen inadmissibility fine due to airline foul-up ? I believe in the EU the airline can be charged up to 10,000 euros plus the cost of returning the passenger to the original departure point. Putting a passenger into an otherwise empty seat is very cheap for an airline.... but can the airline recharge the 10,000 euros to the passenger when the change of destination is due to airline foul-up but announced just before boarding starts ?
Yes, an otherwise reputable airline.
Anyway, I digress... back to the topic...
Anybody have thoughts on liability for a Schengen inadmissibility fine due to airline foul-up ? I believe in the EU the airline can be charged up to 10,000 euros plus the cost of returning the passenger to the original departure point. Putting a passenger into an otherwise empty seat is very cheap for an airline.... but can the airline recharge the 10,000 euros to the passenger when the change of destination is due to airline foul-up but announced just before boarding starts ?
Last edited by davidjohnson6; 26th Oct 2023 at 17:39.
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The airline is contractually obliged to get you to Gibraltar. If they do so in a fashion that exposes you to harm ( physical or financial as I see it ) then they would be legally obliged to compensate you for that harm. How much aggravation would be entailed therein................................
As for the E 10 000 fine, since all actions that werethe cause of the fine were undertaken by the airline ( especially after you had highlighted the problem ) , I can't see that there would be any legal basis to try and off-load that onto you.
It would be a hell of a job for ground personnel to try and calculate the 90 days because it would require checking all stamps in a passport, knowing which were Schengen countries, and also take into acccount that the 90 days are on a rolling basis.
As for the E 10 000 fine, since all actions that werethe cause of the fine were undertaken by the airline ( especially after you had highlighted the problem ) , I can't see that there would be any legal basis to try and off-load that onto you.
It would be a hell of a job for ground personnel to try and calculate the 90 days because it would require checking all stamps in a passport, knowing which were Schengen countries, and also take into acccount that the 90 days are on a rolling basis.
Last edited by Tartiflette Fan; 26th Oct 2023 at 21:07.
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