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Denied boarding for a flight then missed connecting flight

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  • Denied boarding for a flight then missed connecting flight

    Hi

    My daughter was travelling from Newquay Airport to Canada. We arrived at the airport at 6.31am (flight was 7pm), and her friend was waiting at the check in door for her. She telephoned him to say she was walking down the path to the check in. Her friend then got told by Check in that he could start being processed and my daughter would be able to go through when she got there. My daughter got to the check in but was told that it had closed and she wouldn't be able to get her flight. Apart from the fact they were rude to her (and she was upset she couldn't board), they would have seen her coming down the path and were told by her friend she was walking down the path.

    My daughter had pre-booked a connecting flight to Canada through a lastminute.com, but they said they couldn't change the flight as it was less than 24 hours, and I had to contact the airline. I did this and was told I had to contact lastminute.com as the flight wasn't booked directly through them.

    I went back and forwards between the Canadian airline and lastminute but neither would change the flight. As a result, my daughter couldn't get to Gatwick on time and missed the flight.

    I have put complaints into both Newquay Airport, WestJet (canadian airline) and lastminute.com. Both airlines have not bothered to respond, but lastminute.com did to say I have to contact the canadian airline as a no show to claim a refund.

    Is this correct - and my daughter should get a refund for both Newquay Airport and WestJet? As neither of them have responded, is there another way she can do this?

    Thanks in advance.
    Tags: None

  • #2
    Was this a single ticket - meaning the two flights were on one ticket?

    Comment


    • #3
      No the flight from Newquay was booked directly with Cornwall Airport but the flight from Gatwick to Vancouver was booked through lastminute.com

      Comment


      • #4
        Two separate contracts of carriage.

        Contracts were with the airlines, not agents e.g. lastminute.com. Pax did not check in on time for 1st flight, therefore pax denied boarding. In consequence, pax did not check in for 2nd flight,

        Refunds, if any, will depend on the contract(s) terms applicable to the tickets purchased.

        I assume that OP has established that a right to a full or partial refund exists on both contracts, and has written to both carriers to claim those.

        If my assumption is wrong and the essence of the matter is that the pax was wrongly denied boarding on the 1st flight, the claim by the pax would be for consequential loss, as she was prevented from checking in on the 2nd flight. In that case, the claim is against the 1st carrier, but consequential loss may be excluded by the terms of the 1st carrier's conditions of carriage.

        Comment


        • #5
          Turning up 29 minutes before the flight time, even at a very small airport, is asking for trouble.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            "Turning up 29 minutes before the flight time, even at a very small airport, is asking for trouble."

            It is 30 mins before check in so she would have been fine - as I was when I travelled earlier this year.

            Comment


            • #7
              I have not had a response from either the airport for the 1st flight, or the airline for the 2nd. I can try the 1st airline instead of the airport though? The 1st airport was unreasonable as they knew she was walking down the path to the airport - 2 mins. However, I perhaps should try and claim the no show from the airline itself?

              The 2nd claim (missed flight due to being denied boarding on the 1st), was for the airline, but they said we had to contact the travel agent. Daughter's friend made it to Gatwick as he was on the 1st flight, and went to the WestJet check in, but he was told he needed to phone the Westjet help desk - who also told him to contact the travel agent (travel agent was lastminute who wouldn't change or accept responsibility as flight was within 24 hours).

              As neither the 1st or 2nd airport/airline have responded, can I take this further somewhere?

              Comment


              • #8
                Originally posted by Herts47 View Post
                ... We arrived at the airport at 6.31am (flight was 7pm)
                I assumed you meant that the flight was 7.00 am. Perhaps we could ask you to clarify the timings.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  I will add that I tend to agree with ATTICUS. We had a flight three weeks ago, picked up by our Grandaughter at 4oc in the morning, time to airport 1hour, flight time 8oc. I have travelled multiple times, the lesson is this arrive to the airport at least 2 hours beforehand.PS the return was again up at 4oc in the morning one hour taxi to the airport, the lesson is never late.

                  Comment


                  • #10
                    deleted
                    Last edited by dslippy; 17th September 2022, 08:56:AM.

                    Comment


                    • #11
                      This is a small airport not a Gatwick or Heathrow. Everyone who lives in Cornwall gets there at this time. I know this is the case. I also got on the flight in June and arrived at the same time.

                      you don’t need 2 hours to go through security etc as it’s only one flight at a time in a small airport.

                      Regardless of what time though, they knew my daughter was walking to the airport via the path and her friend was ushered through check-in & security having told them she was 1-2 mins away.

                      They denied her boarding and she couldn’t make her flight from Gatwick as the 2nd flight or travel agent wouldn’t change her flight. Her friend did get to Gatwick but at the airline check-in he was told to call the help desk as the check in people couldn’t change the flight. Help desk said they couldn’t help and
                      speak to travel agent who said speak to airline as it was less than 24 hours.

                      i had to buy 2 new tickets - and a train ticket to Gatwick so they could travel the next day and neither the small airport
                      or the airline for the 2nd flight have responded to
                      mu complaint.




                      Comment


                      • #12
                        then by not following commonsense and adhering to rules of arrival times within time space then as you found out gates close on time end of, people seeing you come down path have no crystal ball, the onus is on you to check in prior to gates closing for the system of departure can commence as flight slots are minimal miss one then all the passengers suffer because of say "YOU"??

                        no airport I have been in deviate to flight procedure. be on time up to time gates close or as you found out failure to board. A response you will not like but fact is fact, passenger responsibility once checked in is theirs , your responsibility to turn up prior to last minute check in, many airport as passengers to check in last minute if they have not, their obligation ends there - grow up!

                        Comment


                        • #13
                          Turning up 2 hours before a flight is good advice, but it is a counsel of perfection.

                          I don't know why the pax did not make it to check in before it closed, nor is it relevant to the OP's query which, recast, seem to me to be "Is the the pax entitled under the contract of carriage to be refunded the cost of the ticket(s) or alternatively, is the pax entitled to claim consequential loss from the 1st airline under it's contract of carriage?"

                          While writing this, it occurred to me that, if there was a cogent reason for not making it to the check in before it closed, it might be worthwhile for the pax to ask for a full or partial refund of the ticket(s) cost on an "ex gratia" basis.

                          Comment


                          • #14
                            MIKE770 What an arrogant comment. Rude and unnecessary. If you can’t offer anything constructive then don’t comment at all.

                            My question is not what time should you turn up for a flight - it’s whether or how I can apply for a refund for my daughter. The travel agent has said I can apply to the 2nd airline at least for a no show refund.

                            EFPOM and others: thank you for your constructive advice.

                            Comment


                            • #15
                              I pointed out areas of fact the system used worldwide for check ins , on the other side of events I have been on flights slots lost had to leave aircraft for 5 hours as it turned out passenger allowed to check in minutes after gates closed flight preparation delayed as it took 20 minutes passenger to aircraft and hold people had divert from another aircraft to get the bags from another departure area to hold and load consequently flight just missed flight plan not being rude show consequences can happen by one person others suffer. Refunds well good luck

                              Comment

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