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Old May 18, 2011, 9:19 AM
mm7977 mm7977 is offline
Join Date: May 2011
Posts: 22
Default Austrian Airlines Wrong Judgement Denied Boarding proven was a mistake

a copy of my complain letter, I will share all details here with the developments, bringing this to court very soon, please add your comments and also join my RSS channel if you are also victim of OS staff's wrong judgements.

Austrian Airlines
Customer Relations
Tel: +43-05-1766-1000
[email protected]
P.O Box 33
A-1300 Vienna Airport

Sofia, 16.05.2011
Complaints : non-material damage, compulsion of paying penalty for reservation change, psychologicalsuffering of 20 hours sleepless wait, bad quality of services, lose of next work day

SUBJECT: Denied boarding resulted from wrong judgement for passenger travel documents [ETKT 257 293 3173035]

Dear Sir/Ms,

I’m writing to report an incident that occurred during the flight OS799 on service from VIE to SOF on the 10.05.2011. I have always heard positive comments for Austrian Airlines, but this recent incident, which involved a huge disappointment, has spurred me to file a formal complaint and obtain an adequate monetary compensation for my grievances.

I enclose here all important information about the involved flight:
Confirmation number: OS/53JN4R
Flight number: OS799
Boarding Time: 19:40
Occurance time: 19:50
Actual Time of Departure: N/A
Passenger: M. B.

Boarding cards and other related documents are enclosed at the end of this letter.

I am a citizen of Republic of Turkey who lives in Bulgaria – EU country with the status "Resident permission " for last 4.5 years and I am a family member of an EU citizen (my wife), I have been working for an international company which organized a workshop in Prague for 2 days and I have been send as Bulgarian representative to PRG to participate to business conference.

I flew to PRG on 09.05.2011 with Schengen visa which stamped by the Czech Republic embassy in Sofia, (upon Czech republic embassy’s demand before flight I renewed my old passport to be compatible for Schengen visas (new biometrical format). As I have my Bulgarian residence permission stamp already issued on my old passport Turkish Embassy allowed it to be kept by me to me to be able to declare when it is asked, as this is not holiday trip and for me very important I decided to ensure that with my both passports whether I can complete my travel, so I have visited Bulgarian Border police / Immigrations affairs department on 05.05.2011 in Sofia and submitted my both passports if needs stamp to be transferred to new one or alternatively to be advised for the neccessary procedure, It is approved by Bulgarian border police that “If I have both passports with me there is no problem to travel and return to Bulgaria”
with the full confidence I started my trip on 09.05.2011, while exiting from Bulgaria, Bulgarian border police first checked my new passport for the Schengen visa (which neccessary for the destination EU country) then they checked the stamp page of my residence persmission from old passport which is valid to 30.04.2012 and led me proceed without any remark, notification or problem as already I have been guaranteed by central immigration affairs department.

First of all I would like to indicate that I explained all this information at Vienna airport check point Terminal D21 politely and in a very calm way, first officier requested approve of her superior, and her superior Mr. George Husmann took my documents to scan, copy and make some investigation about my status, after a while he returned and told me to pass the security checks and wait for him inside, I successfully passed to boarding area and he returned with a wireless phone in hand and was talking, he completed his conversation and returned to me and said “Bulgarian authorities on the phone say you need a visa to be issued in your new passport to enter Bulgaria “ and they would not allow you to enter country , I politely tried to re-explain him Bulgarian authorities granted me to pass and please let this judgemenet left to Bulgarian authorities on duty on the border, I am aware of non-compliance with entry / transit requirements can result in fines for the transporting carrier varying between 5000 – 30.000 EUR and deportation to country of origin and told them ready to cooperate to prove my status is valid and real with every way that I can, the shortest way would be phone to contact them quickly, for my specific case I was already informed / approved before my trip starts and the most tragic aspect when my wife and my managing director seperately contacted to to border police in airport also to border police central department in city and to Swissport organization in Bulgaria nobody confirmed that someone called for an inquiry of this kind of information from Austria, (Reference: Mr. Vassilev border police officier in communication center of Sofia airport telephone: 00359 298 27 545 – 00359 293 73 060). This explains the possibility that officier Mr. Husmann contacted to a place which misdirected him but as a result I had to pay for all money / time / suffering,

I told Mr. Husmann that I respect the rules but if they ban me out of my flight with this wrong judgement I would sue him and the organisation / company, and requested to leave this judgement to Bulgarian side, in the worst case I already declared the stamp of my residence permission which is valid to 30.04.2012 and which he checked with the residence persmission samples in the directory they have, he was going almost to agree with me that I was already in boarding area and passed security checks from X-rays, while we were speaking with him Ms. Mladik Nora interruped me and very very rudely told me “we do not have to spend our time with listening your details, please leave the area and come back with a visa” and banned me out of the area, (please refer to security camera records on 10.05.2011 – mentioned time range that I was polite and calm). This was a big disappointment for me and was the beginning of all this suffering I had there which was triggered by non-cooperating, impolite, harsh approach of an Austrian Airlines staff which I am planning to let every single potential future OS clients to know by using all on-line / off-line communication tools, social networks, verbally and more. Mr. Hussman invited me to Austrian Airlines customer services desk politely, and there I explained about my intentions to bring this occurance to law however Airline have certain rules about travel documents, my case was just needed a cooperation at least for telephoning to be confirmed, please allow me also comment that Mr. Hussman was very polite while all happening, I explained all the case to customer services, and they advised me to go to Bulgarian embassy and have a tourist visa for Bulgaria, in the same time I wanted to use the chance to learn the name of Ms. Mladik Nora, but they denied to give it to me at my first request, I explained them it is a case going to court and I am a client / consumer of company’s products and flight services so I have my rights to give feedbacks or complaints about the personal’s service quality while representing the company on the front-end, after a short discussion between them they decided to let me know the name of Ms. Mladik Nora’s name, (Ref: Sandra Ritschi customer services agent service center 1).

With all disappointment I contacted my wife and to my superiors from the company I have been working for and requested for immediate support for my emergency sitation of stucking in a foreign country with a wrong judgement of misdirected organisation. My wife contacted all neccessary contact centers of Bulgarian Police (Airport – central management) and they explained that no problem with my entry to Bulgaria, and they guaranteed - if someone calls us we are going to tell them the same, but so far nobody called. I spent all night in the airport without leaving for an hotel that had psycological suffering of long hours until the morning (please refer to security camera records for the mentioned night).

In the morning I applied to Austrian Airlines customer services, Austrian Airlines agent Mr. Toma Vico very politely listened to me and informed his superior Mr. Andreas Beyer. Mr. Beyer took both my passports and told me they will contact to Sofia and between 1-4 hours it will be resulted, after approximately 2 hours I have been informed by Mr. Andreas Beyer that I can not travel to Bulgaria with my documents. In the same time my superior was in contact with Swissport and also Swissport confirmed there was no problem at all for my entry to Bulgaria, but one more time I was denied by Austrian. With whatever reason or a wrong contact I had been suffering while all authorities grants my entry to the country where my home, my family, my pets, my car was, maybe now it is difficult to explain you but in practice this was the most suffering violence occured in my life as a person never ever committed a crime and pays all his citizenship dues punctually and properly. After some more discussions with Mr. Beyer and some long waiting he confirmed that I can travel to Bulgaria without any problem. I do not know with which information from which source, but as a result I have been compelled to pay for my rebooking, when I arrived to Bulgaria I entered the country without any problem and a proof of this is the stamp on my passport which shows the date 11-05-2011. I am planning to bring this happening to court and to use power of publicity of my personal experience to all future customers of Austrian Airlines to inform them about what happened to me on 10-05-2011 / 11-05-2011 if my demands are not being compansated by the carrier.

I am aware of the rules that “non-compliance with entry / transit requirements can results fines for the transporting carrier carying between 5.000€ -30.000€ and or / deportation to country of origin with detention costs are at carrier’s expense”. Austrian Airlines to not risc this fines judged my case and I had to pay all non-material / material expenses and consequences in those 20 hours by priceless suffering , so I demand the same amount of penalty to be paid to my side to compansate my material expenses/ and non material sufferings which in fact can not be counted by money.

You have the fault of your agents on site to answer for and be liable to me for the following damages:

a) Travel expenses I have been compelled to re-pay 85.00 €
b) Psychological suffering of 19 hours pattern € 28.500 (25€ x 1140 minutes x 1 person) (vice versa of the maximum of the penalty that airline would pay if my documents were fake or insufficient to enter Bulgaria which has been proven with the entry stamp on 11-05-2011 that they were sufficient)
c) Damages loss of travel joy 500.00 Total € 500.00
d) Phone conversations costs to contact my people regarding to incident while I was on roaming zone from my local Bulgarian GSM operator (70€)
e) Lose of next work day (28€)
f) Difficulties of adaptation of work after all this occurrence(1000€)
g) Damage of my image in front of my superiors and my family (1000€)
I urge you to give me that amount 31.183€ plus 4 percent interest from the date of payment within seven days

Current account at the Procredit Bank (BAE/PRCb9230 – BIC/PRCBBGSF) to account number BG70PRC92301032205913 for referral to get my own.

According to the EU regulations you have up to six weeks to replay me and confirm that my requests will be honoured. If I do not hear from you by then, I will report this incident to the ENAC authority.I would also like to inform you that in case this issue is not escalated to neccessary authorities and I am not being compansated with the amount costed me then I will also bring this up to organisations listed below and will use the portal & website ( temporarily suspended and contains only brief information until I got replied fro Austrian Airlines with confirmation of my demands will be compansated) to build as a portal & bridge to social networks that I will spend my free time and possibilities to collect all victims of Austrian Airlines agent mistakes together and give them also a chance to write their experiences and to let to all the world to know about my personal experience which I have suffered for 20 hours with an extensive internal / external search engine optimization which will result in three countries meta search engines have a place on the first page (Austria,Bulgaria, Turkey).

Copy to:
Mariahilfer Straße 81
1060 Wien

4A , square Slaveykov
1000 SOFIA

Osmanağa Mahallesi Çilek Sokak No: 51/3
(Salı Pazarı köşesi, BİM Market karşısı)

4-) European Commission - Consumer affairs

5-) European Parliament Representation in Austria


7-) Europe Direct
8-) European Judicial Network in civil and commercial matters
9-) Travel Related Austrian media / press organisations
10-) Travel Related Bulgarian media / press organisations
11-) Travel related Turkish media / press organisations

12-) European Commission Mobility & Transport organisation

And many other civilian organisations which protect passenger rights in Europe, to Eu and Non-eu citizens (as I possess both status with the family that I am member of) .

I look forward to your reply. Please contact me at the following address, e-mail or mobile phone:

Mr. M. B.
Address: xxx etc.

Best Regards,

M. B.


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