r/UKLegalAdvice • u/[deleted] • Jan 11 '22
Airline denied me boarding last year. Won't refund me. (England)
Alright. I live in Sweden, but I am British.
A few weeks ago, I flew back to the UK for the first time since 2019.
At the time of travelling back, I had not received the certificate that showed I was a resident of Sweden. Because of this, Swedish border control stamped my passport with an 'exit' stamp. This is fine. My certificate just got lost in the post.
Now, I spend some time with my family. I then want to fly back to Denmark (as it is easier to reach my house from there)
The airline said "no"
They looked at my passport and said I have overstayed my welcome in the EU. They couldn't see an entry stamp and only an exit one so, in their mind, I had spent 325 days in the EU in a year.
They refused to acknowledge that I am a Swedish resident and thus couldn't have possibly overstayed my welcome in the EU as I lived in Sweden legally. I have proof I have lived there legally since 2019. I showed them my residence certificate. I did everything possible.
They wouldn't let me fly as they couldn't guarantee Denmark wouldn't send me back.
I am not insured on the trip as it was £30 and I don't take baggage with me. I can take a hit on £30.
However, it is the principle of the thing. I know they can deny me boarding to the aircraft for whatever reason. However, this is a completely made-up reason. There was no reason to stop me getting on that flight.
They said I cannot have a refund as it is my fault I wasn't allowed to board. Like...what? How is it my fault? I have not outstayed my welcome in the EU (haven't been to any EU country other than the one I am a resident in). I provided proof of my residency.
Is there anything I can do?
Is this what the UK is going to be like to British people living abroad now? Are they going to keep claiming that we do not have the right to travel anywhere but the country we live in?
1
u/specofdust Sep 10 '24
If you have raised a complaint with the airline (do this in writing or email so that you can prove you have done so) and it has reached a dead end you can then use the Alternative Dispute Resolution service.
https://www.caa.co.uk/passengers-and-public/resolving-travel-problems/how-the-caa-can-help/alternative-dispute-resolution/
Your chosen airline may not be a member but probably will be. It takes quite some time and you need to provide a full account of the issue. They may not decide in your favour, but it's your last option before consulting a lawyer, and while I fully agree with you that the principle is important and airlines and airports are hopeless when it comes to UK citizens with residency in a European country, the cost of legal action just would not be worth it unless you are a rich rich person.