Denied boarding on a valid schengen visa- Please help

[tekkers09]

Hi,

I just had a terrible experience couple of days ago with an easy jet flight. So basically I have a multiple schengen visa obtained from the French embassy which has validity until november 2012. I was trying to go to prague and was refused boarding on the fact that I have not been to france yet and that has to be my first port of call. Yet I have been to other countries with the same visa before.

Under the schengen rules, the embassy where you apply the visa has to be either or first port of call or the place where you stay the longest. The easy jet crew was not a) clarify on what has changed in the rules and b) give me any proper documentation to clarify that I was in the wrong. I spoke to the supervirors and duty manager and they all gave me vague answers with no reference of their manual which would state such a thing. I have checked online for clarification but have not found anything which supports Easy Jet's claim.

Has anyone come across something like this before? This has been humuliating and extremely frustrating and I want to take action if they are in the wrong, which I strongly believe is the case. Any advice would be much appreciated.

[EUsmileWEallsmile]

I would have said that it's none of the airline's business whether you enter via France or any other Schengen state.

I'm not sure reading your post whether you knew that you are supposed to apply at the embassy of the country where you will spend most time or of your first entry. Were you aware of that or not?

If you applied at the French embassy with no intention of traveling to France, then you might find them less willing to help you in the future.

Have you been to France or not?

[tekkers09]

Basically the rule is you have to apply to either where you are going first or where you will spend the most time. Like I am going to France in the summer but have been to other places before. As far as I am aware, the rules haven't changed. So for easy jet to deny me seems against the rules.

[MelC]

You are quite correct that the issuing state should be EITHER the first Schengen state of entry OR the one in which you intend to spend the most time.
this is NOT something that an airline will know, or have any right to know when and where you intend to travel to other than any travel plans that concern THEIR company and that any visa is valid.

you say multiple entry visa ~ all Schengen visa's are multiple entry other than long stay visa's?

for all Easy Jet knew you were going to prague and then flying from there to France until just before your visa expired at which point you were returning to your country of origin.

for example you may be intending to travel to several schengen states for "mid week city breaks" and to France for a couple of weeks for your summer holiday.

you have every right to feel humiliatied and to complain.

you might want to take a look at the Schengen Rles and quote them to Easy jet!

[EUsmileWEallsmile]

Basically the rule is you have to apply to either where you are going first or where you will spend the most time. Like I am going to France in the summer but have been to other places before. As far as I am aware, the rules haven't changed. So for easy jet to deny me seems against the rules.

You didn't really answer my questions. Anyway, when applying for a visa the basic rule is that you should apply to the country of your main destination or if there is no main destination the one where you first enter. That's been around for a long time.

Having said that, it is none of the airline's business.

It is perfectly possible to fly to Amsterdam and fly onto any other Schengen state and spend the majority of you time there. You first entry would be the Netherlands, but let's say you wanted to spend two weeks in Germany, it would be appropriate to apply at the German consulate.

[ca.funke]

...I have a multiple schengen visa obtained from the French embassy which has validity until november 2012. I was trying to go to prague and was refused boarding on the fact that I have not been to france yet and that has to be my first port of call. Yet I have been to other countries with the same visa before...

Which were the countries that stamped your passport before?

I´ve been to Italy and Belgium with an Austrian Schengen-visa, while never-ever going to Austria with that visa, no problems.

I deem Easyjet to be in the wrong, but I wouldn´t know which law to cite.

Ask them for compensation, if they refuse take a lawyer and take them to court...

[tekkers09]

Thanks for the replies guys, much appreciated. I have already travelled to latvia and amsterdam with the same visa and therefore it was a major shock that I was not allowed to board for prague.

I have done a fair bit of research and the rules haven't changed,so will definitely claim for compensation, not only for the monetary loss I have had to suffer but also for the mental distress. If they do not comply, I will file a complaint with the civil aviation authority or take them to court, cause this was absolutely out of order and the most humiliating thing I have ever had to encounter.

[ca.funke]

...travelled to ... amsterdam...

Amsterdam is "close" to France. You can always say that you went to (some town in Northern) France through Amsterdam, since the flight to Amsterdam was cheapest.

Or you can say that you wanted to go to Paris, but always wanted to go with the fast train (Thalys), and therefore deliberately took a detour via Amsterdam. Hence you have Dutch stamps while you were actually in France.

I´m pretty sure what EasyJet did this was illegal.

[EUsmileWEallsmile]

The point is that Easyjet could not possibly know where you went after first entry (nor is it any of their business).

The point about which Schengen country you should apply to is meant to help the embassies manage resources.

[tekkers09]

The point is that Easyjet could not possibly know where you went after first entry (nor is it any of their business).

The point about which Schengen country you should apply to is meant to help the embassies manage resources.

No the point is all airlines get the TIM manual which is essentially their bible is terms of travel requirements for passengers.This is because airlines are responsible for letting through passengers after checking valid documentation, so YES they MUST know what the requirements are and what is legit, otherise the system would not work. My point is easy jet gate/ground staff are probably not all trained that and that is 100% THEIR responsibility since they need to make the decision who passes through the boarding gates.

[EUsmileWEallsmile]

The point is that Easyjet could not possibly know where you went after first entry (nor is it any of their business).

The point about which Schengen country you should apply to is meant to help the embassies manage resources.

No the point is all airlines get the TIM manual which is essentially their bible is terms of travel requirements for passengers.This is because airlines are responsible for letting through passengers after checking valid documentation, so YES they MUST know what the requirements are and what is legit, otherise the system would not work. My point is easy jet gate/ground staff are probably not all trained that and that is 100% THEIR responsibility since they need to make the decision who passes through the boarding gates.

What are you on about? You've come on here whining about Easyjet not letting you on. You've been given reasons for them appearing to be in the wrong. What more do you want?

[tekkers09]

The point is that Easyjet could not possibly know where you went after first entry (nor is it any of their business).

The point about which Schengen country you should apply to is meant to help the embassies manage resources.

No the point is all airlines get the TIM manual which is essentially their bible is terms of travel requirements for passengers.This is because airlines are responsible for letting through passengers after checking valid documentation, so YES they MUST know what the requirements are and what is legit, otherise the system would not work. My point is easy jet gate/ground staff are probably not all trained that and that is 100% THEIR responsibility since they need to make the decision who passes through the boarding gates.

What are you on about? You've come on here whining about Easyjet not letting you on. You've been given reasons for them appearing to be in the wrong. What more do you want?

I do not want anything else, I know exactly what to do but you seem to be having nothing better to do than to comment on everything I am saying, regardless of whether you are are making any sense or not. So I appreciate your feedback but no thanks.

[Ajay Patel]

Hi,

yes it was really unfair with you what Easy Jet did. There is nothing that Easy Jet should be more concerned relating to your visa.

And you are absolutely right regarding the rules, either France should be your first port or the destination with the maximum stay. you can freely travel to any of the Schengen country till you visa is valid.

there is no violation of rules you did, hence you have a complete right to get the full compensation of your loss from Easy Jet.

As far as i Know there is no such problem faced by the travellers and the airlines is wrong this time.

[sumitmehta82]

Hi tekkers09

Sorry to hear about your experience. Ironically I came to this discussion because I faced exactly the same problem when flying to Germany on the weekend and the easyjet staff said they had denied someone earlier this week on the same premises. Looks like that was you. Furthermore they generously offered to put me on to a flight to France, saying "where you go from France is your problem".

I basically threw a big strop and asked them that how come I was able to travel to Switzerland on the same visa last month, and on previous French schengen visas in the last 5 years. They replied saying the rules have changed recently, upon which I challenged them to show me proof of the rule change and threatened them with a lawsuit if they denied me boarding without producing that proof. They kept me waiting for a few minutes and then came back saying I could travel.

Hope you sue them and gain adequate compensation. Best of luck.

[ca.funke]

...They replied saying the rules have changed recently...

Hi sumitmehta82,

well fought, good on you! And thanks for posting your experience here!

What are those easyjet-folks thinking, the Schengen-rules didn´t change.

The only thing I could imagine is that their internal rules changed. If this is so, then they changed from bad to worse, because what they say is simply not correct.

I hope tekkers09 will go ahead and sue, and not have to sign a muzzle-clause so we can get feedback.

Rgds, Christian

[EUsmileWEallsmile]

Well done for fighting for your rights to board.

What's absurd about these denials of boarding (in case people have not picked this up) is that an airline cannot know what a visa holder does after entry. One would get a stamp once into Schengen zone and a stamp on the way out, where one goes after that is anyone's guess.

[happydays4thjuly]

Hi Tekker

Were you able to get any compensation for your case?
I had similar experience with KLM two months ago, and thinking of suing them.
Basically, they act really stupid and easily get away with it. The game is rigged against the passengers in cases where airlines need to pay for their incompetence and lack of common sense.

Curious about what happened next....

Regards

[varghesejim]

Hi tekkers09

Sorry to hear about your experience. Ironically I came to this discussion because I faced exactly the same problem when flying to Germany on the weekend and the easyjet staff said they had denied someone earlier this week on the same premises. Looks like that was you. Furthermore they generously offered to put me on to a flight to France, saying "where you go from France is your problem".

I basically threw a big strop and asked them that how come I was able to travel to Switzerland on the same visa last month, and on previous French schengen visas in the last 5 years. They replied saying the rules have changed recently, upon which I challenged them to show me proof of the rule change and threatened them with a lawsuit if they denied me boarding without producing that proof. They kept me waiting for a few minutes and then came back saying I could travel.

Hope you sue them and gain adequate compensation. Best of luck.

The key thing here is whether you had your first port of entry or main destination as France for the first travel on the French visa. Apparently it was not the case for OP, so he was at the wrong there.

If the airlines deny boarding I am afraid there may be a record in the systems against the traveler who broke the schengen visa rule. In fact, these kind of rule breaking will force the authorities to tighten up the rules, an instance where a small minority affecting the majority.

There is no grounds for a legal case for OP IMO.

[Casa]

You're unlikely to get a reply from the OP. This thread is over two years old!

[varghesejim]

You're unlikely to get a reply from the OP. This thread is over two years old!

Didn't realize that! Thank you for letting me know