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Man Sues Sunwing Over Missed Flight

Toronto, Canada
posts: 4,630
reviews: 32
Man Sues Sunwing Over Missed Flight

Article in local paper today with the essence of allegation being that Sunwing closed the check in counter too early resulting in missed flight and attendant costs. Will be interested to see how this one turns out

thestar.com/business/2013/03/22/transport_ag…

Edited: 8:08 am, March 23, 2013
Liverpool, UK
posts: 8,954
reviews: 14
1. Re: Man Sues Sunwing Over Missed Flight

Not sure how the passenger can prove the check in desk closed early - as he is sueing the airline I assume the burden of proof over the time it clsed is with him rather than the airline.

Llandudno North...
posts: 2,582
reviews: 17
2. Re: Man Sues Sunwing Over Missed Flight

Surely there must be cctv in an airport check in hall. That would show what time they closed.

If he was there in time and they had closed early he is surely in with a good chance of winning his case.

:-)

Liverpool, UK
posts: 8,954
reviews: 14
3. Re: Man Sues Sunwing Over Missed Flight

"Surely there must be cctv in an airport check in hall. That would show what time they closed." - There probably is but will the passenger be able to access that information and will they even have kept the recorded data from August 2012.

Amsterdam, The...
Destination Expert
for Amsterdam
posts: 22,697
reviews: 73
4. Re: Man Sues Sunwing Over Missed Flight

This guy was cutting it really fine anyway. Leaving only 15 minutes leeway on an international flight is just plain stupid.

Will be almost impossible to prove this. I doubt that the airport will have kept cctv back that far and anyway they are not allowed to release it under the Data Protection act.

Llandudno North...
posts: 2,582
reviews: 17
5. Re: Man Sues Sunwing Over Missed Flight

This guy was cutting it really fine anyway. Leaving only 15 minutes leeway on an international flight is just plain stupid.

--------------------------------

A valid point but, if check in is meant to close 60 minutes prior to the flight then it should close 60 minutes before not 75 minutes before.

Weather you or I would leave longer is irrelevant he was told check in closed an hour before and should have been able to check in if he arrived before that time.

:-)

Leeds, United...
Destination Expert
for Leeds
posts: 6,862
reviews: 105
6. Re: Man Sues Sunwing Over Missed Flight

" I doubt that the airport will have kept cctv back that far and anyway they are not allowed to release it under the Data Protection act."

___

As there is a court case pending then the claimant has a right to see the images (or at least they must be disclosed to the court) under UK law. Section 8.2 covers this in the link below.

As for the images still being available from August 2012 is another matter.

http://www.ico.gov.uk/for_organisations/data_protection/topic_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/ICO_CCTVFINAL_2301.ashx

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
posts: 13,628
reviews: 71
7. Re: Man Sues Sunwing Over Missed Flight

Hi,

I agree that the time is the time.. If icheck-in is disclosed as being open until :60 becore, then closing at even :61 isn't ok..

Just like boarding.. If policy says you must be onboard and the deadline is :10, then you should have all the way and right up to :10... Close it at :11 before and then I think the carrier has essentially violated the terms.. Close it right at :10; even if the passenger is in sight and running- that's fine, close the door and let's go.... Again, what does the rules say.

I suspect he, as he moving party, has the burden of proof, and I'm sure both sides has "stuff" that each can provide to airport their timeline claims..

I'd wonder, like the others, what 3rd party independent data, like CCTV might be available to either party to support their version.

Travel Safe,

Toronto, Canada
posts: 4,630
reviews: 32
8. Re: Man Sues Sunwing Over Missed Flight

Tom C-he may or may not have the burden of proof, but the airline would be able to provide proof the hours the counter was open. In a court case, they would have to "open their books" so to speak.

A look at a computer log of times they checked in passengers would normally prove that the counter was stafffed, or perhaps records of when employees logged off the checkin terminal, etc.

Edited: 10:37 am, March 23, 2013
Italy
Destination Expert
for Livigno, Lombardy
posts: 39,070
reviews: 125
9. Re: Man Sues Sunwing Over Missed Flight

It will be interesting to see how this pans out but if the guy is suing I think he must have enough proof to think he'll win the case.

10. Re: Man Sues Sunwing Over Missed Flight

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