Author Topic: Another Twist: Outgoing Ticket / Approved Visa  (Read 1440 times)

Offline aerosick

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Another Twist: Outgoing Ticket / Approved Visa
« on: November 08, 2009, 02:29:42 AM »
http://www.manilatimes.net/index.php/news/nation/5459-sc-orders-air-france-to-pay-p17m-to-filipino-passenger

THE Supreme Court has ordered an international airline to pay some P2 million in damages to a Filipino passenger for breach of contract of carriage.

The Supreme Court First Division, in a ruling written by Assoicate Justice Renato Corona, has affirmed an earlier ruling by a regional trial court and the Court of Appeals, which found Air France Philippines/KLM Air France  liable for its failure to comply with its transport agreement with  Filipino passenger, John Anthony de Camilis.

In its decision, the High Tribunal denied the petition for review of the air carrier, stressing that it saw no reason to disturb the findings of the regional trial court and the appellate court when it ordered the airline to compensate de Camilies the sum of more than P1.7 million for moral, exemplary and actual damages.

Records showed that de Camilis, along with several other Filipino travelers, were booked for a European tour, which included Russia. But upon their arrival in Moscow, Air France representatives prevented him from disembarking for lack of a transit visa.

Furthermore, the Air France representatives declared de Camilis a security threat and sent him back to Paris with a police escort.

The respondent’s woes were further compounded in Paris when Air France employees failed to book him a hotel and look after his luggage, prompting de Camilis to shell out his own money to pay for his lodgings while in France.

Moreover, on his way back to the Philippines, de Camilis was given by the airline a computer printout of his flight reservation for Manila but when he went to the airport, he was told that the flight was overbooked. It was only when he made a scene that the Air France agent boarded him on an Air France flight to Hong Kong and placed him on a connecting Philippine Airlines flight to Manila.

Upon arriving home, De Camilis immediately filed charges against Air France officials at the Branch 59 of the Regional Trial Court of Manila for damages for breach of contract of carriage. The court ruled in favor of the respondent, prompting the airline to seek a ruling in the Court of Appeals, which also issued a favorable ruling on de Camilis, prompting Air France to go to the Supreme Court.
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Offline samatm

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Re: Another Twist: Outgoing Ticket / Approved Visa
« Reply #1 on: February 03, 2010, 02:02:05 PM »
wierd story... i would like to know the details the article left out.   Why would it be the airlines responsibility tht he didn\'t have his  necessary visas?

Offline Steve & Myrlita

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Re: Another Twist: Outgoing Ticket / Approved Visa
« Reply #2 on: February 04, 2010, 02:36:01 AM »
weird story... i would like to know the details the article left out.   Why would it be the airlines responsibility that he didn\'t have his  necessary visas?

I\'ll try to take a stab at it. Maybe the same reasons that airlines refuse boarding to the RP unless the passenger has either a valid resident visa, proof of eligibility for Balikbayan if the airline is aware of it, or proof of onward travel within the 21 days if no visa issued beforehand. The airline is responsible to take you back out if you are refused entry. God Bless....
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Re: Another Twist: Outgoing Ticket / Approved Visa
« Reply #3 on: February 04, 2010, 09:39:05 AM »
That might be the case, (onward ticket), with a foreigner entering the Philippines, and your logic is right on! But not a \"Filipino passenge\" as stated.

With the RP Courts rulings, one must believe the \"Filipino passenge\" is a Philippine Citizen.

Granted, the award is way over the top! But, with a RP Citizen involved that cost the Government NOTHING. what else could be expected?

Now the question is? Can the award be collected as ruled by the RP Court(s) with cash in hand??

Getting a Court judgment is one thing. Getting paid is another!

Would the Philippine Government BAR  the airline from landing in the Philippines if they do not pay the Court Judgment to it\'s Citizen and loose the landing fees and possible visitors spending money?

Not going to happen!

The \"Filipino passenge\" got an RP Court(s) Judgment, (paper), and might be all he gets?   
B-Ray

weird story... i would like to know the details the article left out.   Why would it be the airlines responsibility that he didn\'t have his  necessary visas?

I\'ll try to take a stab at it. Maybe the same reasons that airlines refuse boarding to the RP unless the passenger has either a valid resident visa, proof of eligibility for Balikbayan if the airline is aware of it, or proof of onward travel within the 21 days if no visa issued beforehand. The airline is responsible to take you back out if you are refused entry. God Bless....

 


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