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My friend and kids were travelling to London. Kids are UK citizens, mother a US citizen with leave to remain status in UK. Currently holds a Biometric Residence Permit (BRP). Her status is forever. The BRP card says it expires on 31.12.2024. This is just the card whilst you UK change system to online digital instead of physical cards. The UK allow this same card to be used to enter UK until June 2025.
Wizzair email sent before flight said the following “BRPs and BRCs that expired on or after the 31st of December 2024 can also be accepted as evidence of permission to travel to the UK provisionally until the 1st of June 2025”
My friend arrived to check in good time. long queues meant she only reached check in shortly before closing. Staff were under pressure and told her card had expired. She begged for them to look at email but they refused. She was denied the flight.
She booked a different flight with Lufthansa for next morning for about £1400(her and kids). original wizzair flight had cost around £700 for her and kids.
Lufthansa next morning did not ask any questions at all or even request to see any card or status.
At border control in UK were shocked at wrong treatment Wizzair had did to her.
Can she claim anything from Wizz for wrongly denying her flight?
And what is best way to claim the £1400?
Many thanksHow stressful and infuriating! Where were they travelling from?
Involuntary denied boarding generally falls within the remit of EU/UK261 legislation.
Ryanair, for example, has been involved in incidents similar to this, and to their credit, they do seem to pay up for involuntary denied boarding when they are in the wrong, as per the terms of the relevant EU/UK 261 legislation.
Wizz Air has an appalling reputation if you look at the many negative reviews they have online (I briefly considered booking with them once, but after reading some of the many online accounts of issues faced by passengers, consigned that idea to the dustbin). I did have a feeling that I had read something about them trying to wriggle out of paying claims by registering outside the EU, however this page on their website suggests that they will actually consider claims for involuntary denied boarding:
https://www.wizzair.com/en-gb/help-centre/my-wizz-account/claims-and-compensation/ec261-regulation
Your friend needs to put together a clearly-worded claim stating the facts and exactly what she is claiming. If Wizz Air then denies the claim, she’ll need to take it to whichever arbitration service Wizz Air is signed up to, or failing that, consider legal action.
See also:
It seems that Aviation ADR is the arbitration service in Wizz’s case:
https://www.moneysavingexpert.com/news/2023/07/wizz-air-delays-cancellation-refund/
Note – where your friend was travelling from may affect her rights.
My last post seems to have got swallowed by moderation, presumably as it had too many links! I’ll look again in the morning to see if it’s reappeared.
But where you friend flew from is important.
Also:
https://www.moneysavingexpert.com/news/2023/07/wizz-air-delays-cancellation-refund/ – ADR would be the next step after a claim.
I think they should be due the £1400 for replacement flights (but not the £700 cost of the flights paid to wizz as that would be covered off by them paying the cost of the alternate flights, also dont take a refund as that could affect their liability) but then also the delay/denial of boarding compensation, not sure how much that would be as it depends how long the flight was
The last time I had a >3 hour delay on wizz they paid out after filling in the online form without a fight, which was a surprise, but I wouldnt be surprised if they end up having to fight to recover the cost of alternate flights.
I seem to recall something about Wizz Air refusing a claim by saying they are registered in Abu Dhabi or somewhere and therefore not liable for EU261 claims arising from a flight into the EU or UK! So a bit more info might be necessary before anything can be said with certainty.
Yes that’d be correct for flights out of Abu Dhabi into the EU if they’re operated by Wizz Air Abu Dhabi (flight code 5W). Don’t think there are any flights to the UK that would be out of scope though
Thank you all for the replies
They were travelling fron TLV to LTN
1. The kids in theory did not get denied boarding as they are UK citizens but they were not going to fly alone. Is that part of the claim which is for £1400 which included kids new flights?
2. She has no recording or video etc. How do I know Wizzair won’t just deny story? How will she be believed?
3. Would the claim just be for replacement flights or also £520 per person under EU/UK261 legislation?
Many thanks
EU261 possibly doesn’t apply in this case, but I believe Israel has its own comparable passenger legislation. It may not be easy to get Wizz Air to comply with this, however. Is Wizz Air classed as an EU airline in this instance?
I can’t see that anyone would think it unreasonable not to include the children in this, but again Wizz Air might try to use this to muddy the waters of a claim for the whole family.
Your friend has her document and can prove that it was valid at the time she was supposed to travel, so that’s a good start.
What does the receipt/confirmation from Wizzair actually say re:
Which exact Wizzair entity of which country, sold the flights.
Which exact entity of which country, is operating the flight(At least if the flight was from Israel I think we can be fairly sure it wasn’t WizzAir Abu Dhabi 🙂 )
Name these entities from the info received from booking confirmation please.
Also I am assuming the checkin agent treated them all as a group and at no time offered just to transport the kids. If they did (and I don’t expect they did),do some quiet background checking as to any rules of the airline or any Israeli statutes governing minimum age at which children may fly unaccompanied by an adult.
This sounds like £520 per seat Denied Boarding compensation plus all the costs of rerouting. Note if they needed more meals or accommodation due to a later starting trip or a longer trip then if EU / UK 261 applies then these should be reimbursed by the airline also.
I would like to see them stick this to WizzAir and there seems to be a claim there but they’ll have to fight and the claim should be made very carefully and on correct basis from the beginning. Because reports are that Wizz just ignores everything so you’ll likely have to go to at least arbitration or court and then steps may need to be taken to enforce the judgment I’d expect you to get and make them pay up.
For the money it seems worth it though.
Depends on which version of Wizz is it, what is the start of the flight number? W9/W4/W6 should be EU registered so wouldve thought eu261 would cover it.
I think wizz dont allow anyone under 14 to fly on their own, so by their own rules refusal of the adult would mean the kids wouldnt be allowed on
On the booking invoice, the follwing is stated;
This invoice is the original invoice in an electronic format, which is issued by Wizz Air UK Ltd.
SUPPLIER NAME
Wizz Air UK LimitedADDRESS ADDRESS
Luton
Percival House 134 Percival Way,
LondonLuton Airport Roundabout
LU2 9NUIt has an eu tax number and another tax number
The agent did not offer the children to travel alone
Wizzair website says that Children under 14 must be accompanied by an adult who is at least 16 years old. Unaccompanied minor services are not provided onboard
The oldest child was 14, the others were younger.
But she never was going to let the 14 year old travel alone last minute with no arrangements for airport pick up, place to stay etcDepends on which version of Wizz is it, what is the start of the flight number? W9/W4/W6 should be EU registered so wouldve thought eu261 would cover it.
I think wizz dont allow anyone under 14 to fly on their own, so by their own rules refusal of the adult would mean the kids wouldnt be allowed on
flight was W9
apologies I mistakenly reported Slideys comment for inappropriate content
A dummy booking for that routing throws up flight no. W9 5302 (Wizz Air UK), so this looks like it should be a goer. I agree with @LL about making them pay up. From Trust Pilot it sounds as though they need a few lessons in customer service!
This is great news for your friend as bringing this claim in the UK sounds like it’s going to be the most straightforward option for her (or the least fraught with difficulty, in any case!)
I would be really interested (and I’m sure other readers would be as well), to hear how this goes.
Thank you NorthenLass, LL, Slidey for the great advice.
I will surely keep you posted
She won’t know where to start with the claim.
How best to present it?
And to claim initially where?
Thank you so so much…The last time I had a >3 hour delay on wizz they paid out after filling in the online form without a fight…
Thanks. That’s very interesting.
Thank you Richie.
Does she make 2 separate claims?
1 for expenses for booking new flights and 1 for eu compensation?Perhaps click on ‘claim form’ and go from there.
Just to update.
She made a claim online. The online claim form requested a denied boarding form which should have been provided in the airport.
She was not given or told about this form at the airport. She stated this in her claim.
Today Wizzair have contacted and requested the denied boarding form. She explained as above and Wizzair responded the following;Without a form provided by the airport, we cannot proceed with your case.
What does she do next?
What a shambles. Presumably the ground agent who denied them boarding was supposed to submit some sort of report in respect of the event, but of course this may not have happened.
I would get your friend to re-contact Wizz Air and explain that she was (understandably) unaware of this requirement, and point out that Wizz Air staff have failed in their duty to provide such a form. Does she have the name of the staff member?
Then say that if Wizz Air is still unable to proceed with the claim, she will have no option but to take the matter to ADR, and give them 2 weeks to respond to her satisfaction.
ADR is very straightforward – I once resorted to it when easyJet were giving me the run around over a refund I was entitled to, and they paid up within a fortnight of me lodging the claim.
Looking at W A’s own website, I can’t see any mention of such a form, but they do say they will offer other support such as phone calls and refreshments, so if your friend wasn’t made aware of this, she should add this to any future action she takes to show that W A don’t even follow their own policies!
https://www.wizzair.com/en-gb/help-centre/delay-cancellation-and-refund/denied-boarding
For goodness sake. We know Wizzair has form for avoiding paying claims. Clearly this is more of the same.
I’d respond with not given and not my fault if checkin staff engaged by Wizzair did not follow any
rule that might or might not be part of Wizzair’s contract with their checkin performer.…”My claim is based on [name the statute] as a Denied Boarding claim and does not require anything extra to be provided. Should further arbitration or legal action be required then there is no doubt Wizzsir will not be able to prove we travelled on our flight – as Wizzair checkin denied us boarding for reasons that were not valid reasons to deny us boarding. i suggest you check your own Wizzair records which you are obliged by various governing bodies to keep.
“If this claim is not paid in full within 28 days have no doubt that further action will be taken until our due payment is made to us in full.”
Or similar. Quote very carefully the name of whichever set of legislation you have chosen to use as the basis of your claim.
It’s amazing what airlines suddenly don’t “need” once arbitration is under way. EJ gave me excuse after spurious excuse as to why they couldn’t refund my £300 for a cancelled flight, then as soon as ADR got involved they miraculously became capable of writing a cheque!
Quote very carefully the name of whichever set of legislation you have chosen to use as the basis of your claim.
is it not EU Regulation 261/2004?
Thank you all so so much
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