EES and Missed Flights

munchpot

Having read about the Easyjet passengers who were left stranded at Milan Linate airport because of delays at passport control, being blamed on the new EES system, I got to thinking about liability

The reports said that easyjet weren't liable to get them home as they hadn't presented themselves to the gate on time and insurance wouldn't pay out for the same reason.

So my question relates to my upcoming holiday. This has been booked with a holiday company as a package (in this case TUI but could be anyone) and flying on their own airline. Transfers to and from the airport are included in the package. So if something similar were to happen and the plane left without some passengers, as the travel company were responsible for the transport could they be held liable for any costs as it would be their contracted responsibility to get us to airport in time for the flight and they tell us when they are collecting us.

Hope this makes sense?

TELLIT01

The question makes perfect sense and I can see that being tested in the courts before long. In the example you give, the tour operator controls every part of the journey so how can they not bear at least part of the responsibility?

Sam_666

Proper travel insurance covers for missed flight, like in this case.
Cheap one dont.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81964065#Comment_81964065

Although the package provider does have wide-ranging responsibilities, they can't be on the hook for every scenario, so, for example, someone missing a flight as a result of choosing to hang around in an airside bar for too long would struggle to convince the package provider to get them home at no extra cost.

Obviously the EES situation isn't exactly analogous but if the arranged transfers delivered passengers to the checkin by the required time, then it's not clear to me that the package provider would be liable for costs arising from not getting from there to the gate on time.

The issue is undoubtedly more prominent just now because of the EES implementation but similar logic would apply to lengthy queues at security or post-Brexit but pre-EES passport control - the package provider has to remedy lack of conformity, but if they provide transfers and flights then the package itself isn't necessarily non-conformant by virtue of congestion in between…

elsien

https://forums.moneysavingexpert.com/discussion/comment/81964117#Comment_81964117

Does it though? On what grounds?

Part of the problem is that baggage drops may only open two hours beforehand, which is no help at all if you need to leave your luggage before going through the three hour queue at security.
How feasibile it is, or how willing airlines are to open up earlier I don’t know.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81964362#Comment_81964362

One answer is surely to avoid having check in baggage... Travel light.

diveunderthebonnet

https://forums.moneysavingexpert.com/discussion/comment/81964423#Comment_81964423

We are going to Greece ( Skiathos ) for three weeks ,cannot travel that light 😁😁😁

Worried_fool

https://forums.moneysavingexpert.com/discussion/comment/81964117#Comment_81964117

No help.

Proper travel insurance would ask the reason for the missed flight, and cover would only apply if a defined reason applied. Insurance almost invariably excludes the actions of governments, which this is.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81964462#Comment_81964462

As it's hot, you don't have bulky jumpers etc. I'd definitely give packing for 3 weeks a go on hand luggage only

elsien

I could do it. I am for a 2 week walking holiday.
For a relaxing holiday I prefer not to. I like to have the choice of what wear without having to wash things every couple of days.

TELLIT01

https://forums.moneysavingexpert.com/discussion/comment/81964207#Comment_81964207

There is a definite pattern to the long queues for return flights. They happen when a large number of non-EU flights leave in a short time period. As that pattern will be very obvious, very quickly, shouldn't the tour operator who is providing transfer transport have some level of responsibility for ensuring passengers have time to get through the systems?

The recent reported case where EasyJet left over 100 passengers behind is just one example, although many may have been independent travellers. If the carrier doesn't open check in early enough to enable passengers to get to the gate on time, surely that is the airlines fault.