Rights of sat next to someone with COVID

[Deleted User]

Bit of a hypothetical but this might come up so I want to know my rights in advance.

Most countries allow people to fly without a COVID test now, just a vaccination certificate. Say you are boarding a long haul flight and you notice someone in the waiting area coughing repeatedly. When you get to your seat on the plane you find that they are sat right next to you, or just behind you, or over the aisle.

What are your rights in that case? I'm guessing not many, as the airline will argue that they have no legal basis to deny the other passenger boarding. Although you strongly suspect COVID, or at least some nasty respiratory virus that you are almost certain to get, you have no proof.

As much as I'd hope someone like that wouldn't fly, in a recent unscientific Twitter poll by Martin Lewis, the majority of respondents said they would fly even if they knew for sure they had COVID.

mr_stripey

you probably have the right to not get on the plane, but don't expect to get your money back!
If you're worried, then don't take a flight. Or a bus. Or train. Or go anywhere. Life comes with an element of risk. It is up to you if you want to take it.

We have to live with it. No one would have batted an eyelid a few years ago

sheramber

You  suspect it is covid.

It could be just a bad cold/cough.

Covid can be spread without the carrier  symptoms showing so there is always the risk.

The person sitting next to you could have one of any number of illnesses.

That is the risk you take by travelling on public transport whether a bus, train, boat or plane.

eskbanker

[Deleted User] said:

the airline will argue that they have no legal basis to deny the other passenger boarding

Before, during and after Covid, airlines have asserted the right to deny boarding for broadly-worded health reasons, so if they genuinely believe that boarding a passenger would compromise the health of others then they would typically have the right to refuse them, based on their terms and conditions of carriage - a quick check of a couple of randomly-selected UK airlines shows very similar wording, perhaps adopted from CAA guidelines or legislation:

BA:

7a) Our right to refuse to carry you

We may decide to refuse to carry you or your baggage if one or more of the following has happened or we reasonably believe may happen.

7a1) If carrying you or your baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.

[...]

7a6) If your mental or physical state or health is considered a danger or risk to you, the aircraft or any person in it, or you have failed to meet government, public health body, or other government enforcement body, health requirements applicable for the country you are travelling to.

EasyJet:

We may refuse to carry you and/or your Baggage, or remove you from a flight if you have already boarded, without any liability on our part, if we reasonably believe:

• you or your Baggage may put the safety of the aircraft or the health or safety of any person in the aircraft or airport in danger or at risk;
• [...]
• your mental or physical state is a danger or risk to yourself, the aircraft or any other person on it;

but as you suggest, the key issue is likely to be the ability of a concerned passenger to convince gate or aircraft staff of the severity (and contagiousness) of the other's condition.

[Deleted User]

Thanks eskbanker, that's what I figured. It comes down to how willing the airline staff are to enforce any rules, or to simply do the right thing.

Obviously any public transport carries a certain amount of risk. At least the airline I'm using does require masks to be worn at all times, except presumably meals. But there is a world of difference between being on an aircraft where the air gets cycled regularly (every few minutes, 50% fresh and 50% HEPA filtered is typical) and being sat right next to someone spewing COVID all over the place every few minutes.

Westin

The respectful thing to do by the coughing passenger, if determined to fly, would be to wear a face covering.  Many Asian travellers used to do so even before Covid. Sadly, few are that considerate to others these days so it might be for you as the neighbour to put on a face mask. Take a spare and offer the coughing passenger one as well.

As for legal rights - I don't think you have any.  You could politely ask the cabin crew if you could move seats but with flights seemly now always full that might not be possible.

[Deleted User]

Masks are mandatory on this flight, but of course a lot of people use rubbish masks that offer little protection, or just don't wear them properly with nose hanging out.

I'll likely wear an FFP3 mask, even if it is going to be for 16+ hours all said and done. Not sure about meals, I'll have to evaluate how risky it is at the time.

mr_stripey

[Deleted User] said:

Masks are mandatory on this flight, but of course a lot of people use rubbish masks that offer little protection, or just don't wear them properly with nose hanging out.

I'll likely wear an FFP3 mask, even if it is going to be for 16+ hours all said and done. Not sure about meals, I'll have to evaluate how risky it is at the time.

which airline? I've taken several flights with different airlines in the second half of this year and almost nobody has been wearing a mask of any description.

DullGreyGuy

[Deleted User] said:

Masks are mandatory on this flight, but of course a lot of people use rubbish masks that offer little protection, or just don't wear them properly with nose hanging out.

I'll likely wear an FFP3 mask, even if it is going to be for 16+ hours all said and done. Not sure about meals, I'll have to evaluate how risky it is at the time.

When masks were mandatory they could be removed for eating and drinking. Food and drink services were also significantly limited in comparison to normal, many stopped serving alcohol.

Food/drink came back before the mask requirements were dropped and many tried to get round the rules by slowly nursing a can of beer or such... some crew ignored them, the minority pointed out mask could only be down when actively drinking not just whilst holding a drink.

Most countries/airlines have dropped mask rules now.

bagand96

Rewind 3 or more years and would you be asking the same question?  Someone could have flu or one of many other illnesses.  Covid is just one more.

elsien

Having recently been on a plane where someone started coughing shortly after takeoff and continued basically bringing their lungs up for the rest of the journey, no one had any rights because you can’t throw the chap off the plane in midair and there were no free seats for anyone to move to. 

Plus Covid may be asymptomatic so it’s entirely possible that the person you are sitting next to who is not coughing still has Covid and still may be infectious.

And let’s also not get started on the people packed like sardines into the security queue in the airport inches, away from each other.

My take is that if anyone feels so strongly about it then plane travel probably isn’t for them at the moment.