5-year-old with Dubai visa denied boarding over ‘passport rule’, airline to pay Rs 1.5 lakh

A five-year-old girl had a valid passport, a Dubai visa and confirmed tickets for a six-day family holiday in December 2022. Yet, an airline allegedly refused to let her board a Delhi-Dubai flight, citing a requirement that her passport must have at least six months’ validity from the date of travel. An Uttarakhand consumer commission has now directed the airline to pay Rs 1.49 lakh compensation to the family.

The Dehradun District Consumer Disputes Redressal Commission presided over by Pushpendra Khare, with member Alka Negi, was hearing a complaint against the airline over its refusal to allow the child to board the December 16, 2022, flight.

“The tickets issued by the airline also did not expressly mention the condition that the passport had to remain valid for six months from the date of travel. The airline also failed to establish that it had informed the complainant about this condition either at the time of booking or before he reached the airport on the date of travel,” the October 30 order read.

“Moreover, Dubai authorities had issued visas to the complainant and his family after examining their passports, permitting them to enter and stay in Dubai during the proposed travel period. In light of these facts, the airline was found to have committed deficiency in service by failing to communicate the conditions of travel to the complainant,” the commission said on October 30.

The dispute began after the complainant booked tickets for four family members from Dubai to Delhi through an online ticket booking platform on August 31, 2022, for travel between December 16 and 22. When the family reached the airport, airline staff refused to let his five-year-old daughter board, citing the six-month passport validity requirement.

The complainant alleged that this condition had never been communicated at booking, despite the child’s passport being valid until March 27, 2023, and her having a Dubai visa.

Valid passport, Dubai visa

According to the complaint, the family had booked tickets for four passengers travelling from Delhi to Dubai on December 16, 2022, and returning on December 22. The tickets were booked through the online ticket booking platform on August 31, 2022.

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His five-year-old daughter had a passport valid from March 28, 2018, to March 27, 2023. At Delhi airport, however, the airline staff refused to allow her to board, saying her passport needed at least six months’ validity from the travel date.

The complainant pointed out that Dubai authorities had issued his daughter a visa in November 2022 after examining her passport. The visa was valid until January 19, 2023. He also alleged that the condition had not been communicated when they booked their tickets nearly four months earlier.

The airline argued that passengers were responsible for carrying all documents required for international travel and that its conditions of carriage required passports to remain valid for at least six months from the travel date.

It also contended that the tickets had been booked through the online ticket booking platform and that the travel agent was responsible for communicating the applicable conditions. The airline said it had issued two credit shells of Rs 59,710 each, covering the full ticket amount of Rs 1,19,420.

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‘Airline can’t shift responsibility’

The commission examined the Directorate General of Civil Aviation’s (DGCA) Civil Aviation Requirements, which mandate airlines to communicate applicable travel conditions to passengers. It noted that the six-month passport validity condition was not mentioned on the tickets and the airline failed to prove that the family had been informed of it before reaching the airport.

It rejected the airline’s attempt to shift responsibility to the online booking platform. It also noted that Dubai authorities had issued the child a visa after examining her passport. The two credit shells issued by the airline, the commission observed, indirectly indicated an acceptance of its mistake.

Holding that denying the child boarding amounted to deficiency in service, the commission directed the airline to refund Rs 1.19 lakh with six per cent annual simple interest from March 13, 2023, until payment. It also ordered Rs 25,000 for mental agony and deficiency in service and Rs 5,000 towards litigation costs.

The complainant had sought Rs 2.30 lakh towards hotel, sightseeing and other travel expenses, besides Rs 20 lakh in compensation. The commission rejected these claims, finding insufficient evidence that the bookings were non-refundable or that refunds had been refused.

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Takeaway

Airlines cannot escape responsibility for failing to inform passengers about essential travel conditions by blaming third-party booking platforms. They must ensure that passengers are clearly informed about applicable requirements at the time of booking, particularly when non-compliance can result in denial of boarding.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Uttarakhand: 1800-180-4188) or dial the National Consumer Helpline at 1915 for assistance.

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