When airlines misread passport rules, who pays?

Question: My husband and I were scheduled to take a Spirit Airlines flight from Fort Lauderdale, Fla., to San Jose, Costa Rica. The afternoon before my flight, my dog chewed a corner off the front page of my husband’s passport and we were concerned about having proper documentation.

We arrived at the airport almost three hours early in order to have enough time to ask a ticket agent. He seemed seasoned and professional, and he assured us that there would be no problem with the passport, as the number could still be manually inputted.

We asked him to make sure with the proper authorities, as we did not want to have a problem once we arrived in Costa Rica or returning from Costa Rica. We were prepared to change the flight until Monday, after we could have replaced the passport on an emergency basis, if there was any threat of an issue. The ticket agent assured us that there would be “absolutely no reason for concern.”

When we arrived in San Jose at about 2:30 a.m. we were denied admission by Costa Rican immigration and told to return. The immigration officer told us that the airline should have never boarded us. We were back in Fort Lauderdale by 5 a.m.

I called and wrote to Spirit asking for a voucher for a return trip, as I feel they were responsible under the circumstances. Had their agent not assured us, we would not have boarded the flight.

Now we have no tickets and we wasted a lot of time and money. Spirit has declined our request stating that proper documentation is our responsibility. That may be true, but they also have a responsibility to board only those passengers that are properly documented. In our case, a Spirit representative gave us assurances that were just simply wrong.

I don’t think my request for a voucher that would allow us to make the trip to Costa Rica to be unreasonable. What do you think? — Olga Parra, Boca Raton, Fla.

Answer: The dog ate your passport? Seriously? That’s a new one. Maybe he didn’t want you to go on vacation.

I think you’re right. If Spirit assured you that your passport was acceptable and allowed you to board, it bears some responsibility for your denied entry. Its response about paperwork requirements, while true, conveniently omits that fact.

A quick look at the State Department’s website will reveal the information you need. On Costa Rica’s page there’s a clear warning that, “Passports should be in good condition; Costa Rican Immigration may deny entry if the passport is damaged in any way.”

Had either you or the Spirit representative done a little research beforehand, this could have been avoided.

I wouldn’t take an airline employee’s word for it unless you’re talking about airline policy. The Spirit ticket agent you spoke with may have seemed experienced and his words may have sounded assuring, but he didn’t represent Costa Rica.

As it turns out, he had relied on inaccurate information from another website when he gave you the assurances that you could enter Costa Rica with a damaged passport. It wasn’t an official source, so Spirit bears at least some of the responsibility for allowing you to board its flight without proper documentation.

I contacted the airline on your behalf. It apologized to you and said it would implement a new policy “for the benefit of other travelers” when it comes to documentation requirements. Spirit issued two flight vouchers to make up for the trouble.

  • TonyA_says

    I guess Good Condition can mean differently to different folks just like when one buys used books at Amazon.

  • TonyA_says

    They would have lost the value of their ticket had they no-showed, or could be subject to huge change penalties. They knew something was wrong with the passport so they tried their luck – that’s why they arrived early and asked. Their behavior is more consistent with folks wanting to blame someone else when their half-ass plans fails.

  • MarkKelling

    Can’t pin ths one on TSA.  It was the airline counter agent who provided the wrong info.  But the traveller should not have depended on them in the first place.

  • ExplorationTravMag

    That was part one…  So much for them being grownups…

  • MarkKelling

    OK. But what question would a travel agent have normally asked when booking the trip?  “Do you have a valid passport?” is probably all that would have been asked, not “Do you have a valid passport in pristine condition?” 

    Unless the traveller replied to the first question “Yes, but the cover has ben chewed by my dog.” How would the travel agent have known to go further.

  • wiseword

    The salient point here is that Spirit allowed them to board.  They themselves even suggested that maybe they shouldn’t board until they were able to get an emergency passport.  It seems to me that Spirit was beyond stupid.

  • MikeInCtown

    I also voted it was the travellers responsibility, but I think this case was a special one because they were more than willing to put off their plans for a few days to correct the problem, except they were assured by the airline employee they could travel. They knew there may be a problem and did not want to board the flight if there could be one, but did so anway on the assurances fo the employee. In this specific case,  I think the airline is responsible and good on them for issuing vouchers,

  • bodega3

    Had she used a TA, she could have call them and ask the question on the day the dog chewed the passport and would have known the passport wasn’t acceptable. 

    BTW, a good TA would not have put their client on Spirit

  • bodega3

    I am going to give this OP the benefit of thinking that the carrier would know and if approved all would be fine, it not, they would reschedule at the airport and go get a new passport.

    Years ago we took the family over the border to Mexico.  We had no documents in hand and found a parking place right at the CA side, figured I would ask a Mexican offical if we could cross, but nobody was there so we entered.  The problem was going to be getting back into the US.  If we had looked hispanic in anyway, we would have been detained as we were watching how they screened people. 

  • sershev

    Before you board an international flight your boarding pass should be stamped “Documents OK”. Airlines are responsible for assurance of proper documentation. And if you arrive in some countries without proper documents you will not be admitted and the airline could be fined. Airlines must be in compliance and know the rules in order to be allowed to fly to an international destination. Airlines know entry requirements and should train their employees appropriately.

  • MarlaM

    Are you seriously saying that to not have a smartphone is dumb?  So, if someone feels that they don’t need to be constantly connected for $30 a month they are dumb?  I sometimes think that those of us who pay that monthly fee are the dumb ones.

  • MarkKelling

    Yep, any TA trying to put me on Spirit would no longer be my TA.

  • Kate Tyminski

    Good grief, again…people..
    You are competent enough to make reservations for hotels, airlines and rental cars but not for the most important item, your passports. Personally I believe it is YOUR responsibility to verify your identification requirements as you do your reservations. The airline was very generous in covering your tickets. Besides who leaves important documents where they could possibly be destroyed, that in itself is surely irresponsible. Chris I think you shouldn’t have to babaysit adults.

  • jet2x2

    Wow – on behalf of dogs everywhere, please don’t adopt one. 

  • jet2x2

    I voted shared responsibility only because I don’t think the airline employee should have said anything one way or the other.  He should have told OP the airline didn’t make those determinations and it was up to them to make the decision.  If that had happened I would have voted 100 percent OP responsible. 

  • http://elliott.org Christopher Elliott

    I have to say, I’m really surprised at these poll results. I have long contended that paperwork is the sole responsibility of the traveler. But this may be one exception, and the survey results reflect that.

  • TonyA_says

    I think the one who is really dumb is one that lets their dog chew their passport. That’s not even an accident.

  • TonyA_says

     No need. We adopted cats (kittens).

  • flutiefan

     exactly. we would’ve been hearing from Chris all about how they want him to mediate and get their change fees and fare differences refunded because this just wasn’t their fault.

  • flutiefan

     gee, thanks for referring to me and all my fellow airline agents as “boobs”. i can think of a few words for travel agents, but my mama taught me the whole if-you-can’t-say-anything-nice thing…

  • TonyA_says

    Judging from the recent cases, I have to say many people have learned a different lesson. Instead of learning HOW to prepare to travel with the least problems, they have learned HOW to get others to pay for their own mistakes. 

  • TonyA_says

    How can this be the airline’s responsibility?  Haven’t you read Spirit’s COCs?

    2.2. Waiver/Modification of Terms of Contract of Carriage
    No employee of Spirit has the authority to modify, waive or alter any term of this Contract of Carriage unless authorized by an officer of Spirit Airlines.

    4.9. Passports/Visas
    Compliance with Regulations:
    4.9.1. The customer shall comply with all laws, regulations, orders, demands, or travel requirements of countries to be flown from, into, or over, and with all rules, regulations, and instructions of Spirit. Spirit shall not be liable for any aid or information given by any agent or employee of Spirit to any customer in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements, or instructions, whether given orally, in writing, or otherwise, or the consequences to any customer resulting from his/her failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements, or instructions.
    4.9.2. Spirit is not liable to the customer for loss of expenses due to the customer’s failure to comply with this provision. Spirit reserves, in its sole discretion, the right to refuse carriage to any customer who has not, in the judgment of Spirit, complied with applicable laws and regulations.
    4.9.3. The customer agrees to pay the applicable fare whenever Spirit, on government order, is required to return a customer to his or her point of origin or elsewhere due to the customer’s inadmissibility into or deportation from a country, whether of transit or of destination.
    4.9.4. Spirit reserves the right to hold, photocopy, or otherwise make an image reproduction of a travel document presented by any customer and accepted by Spirit as a condition of boarding.

  • AUSSIEtraveller

    Olga you’re an idiot !!!

  • TonyA_says

    Well, she got free tickets for a 2nd run. 

  • Joe Farrell

    I think people are missing the point there - 

    Working our way down the food chain. . . . 

    The government permits an airline to fly into their country on the basis that  if they bring anyone into the country who will not be admitted that they will take they away -

    The airline has fairly strict rules on their system which allows the gate agent to determine if that passenger has the proper identification to travel. Making the mistake is fairly rare – but it does happen and the carrier needs to take the passenger back to embarkation point.  

    Now – my problem here is if the passenger showed up without a passport they would have been sent home – and I imagine that Spirit would NOT have provided them with new tickets – so whats the difference here?  

    So what if the airline makes the mistake that the travel documentation is not valid – it is not valid.  End of story.

    Spirit surprised me here – they must have made a mistake . . . . 

  • https://me.yahoo.com/a/5eKbZXoptotAyXTBCL8iE7XZ#ae6ff J

    I would love it if for once an airline or cruise line offered to refund one ticket as a resolution. What if they had offered to refund the husband’s ticket because he got the wrong information. But not to refund the wife’s, because she chose to leave. I would really love to see what reaction that would get. I don’t imagine it would be pretty.

  • sirwired

     Yes, but that means the airline is answerable to the government, not to the passenger.  The passenger, after all, cannot fine the airline for getting it wrong.  All they are left with is no vacation and no ticket.

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    In 99% of the cases, I’d agree. But let’s say, for a cruise, if the pax has a special case (ie. born in X country but now a citizen of Y country) and asks the cruise line rep explicitly about it and is given bad info, in other cases, the cruise line has admitted some liability. Better for the employee to say: I do not know. Check with the State Dept or the embassy of Z… It’s when they give erroneous info as the official representative of the company that I have a problem with. (But personally, I would always double check if that person were not the official channel.)

  • Rosered7033

    Oops, my bad. But I agree, OP should have done her homework!

  • Rosered7033

    Do you think this modification was in response to this specific incident? Chris’ story indicates Spirit will update their policy b/c of this story. Also, since the airline has to approve docs to travel out of the country and is liable (by way of return carriage and fines) for entry into another, their COC seems to attempt to lay any and all blame for faulty docs on the customer. ??

  • mikegun

    US Customs and Border Patrol are located downstairs at Terminal 4 at FLL. A quick trip downstairs in the 3 hours the OP had to spare would have probably gotten her better advice.

    Or just do a search for Costa Rica Passport Condition Entry Requirements.

    From the State Dept. Website: Passports should be in good condition; Costa Rican Immigration may deny entry if a passport is damaged in any way.

  • TonyA_says

    The COC I read was dated April 5,  2012. I see nothing wrong with holding the customer responsible for holding proper documents. 

  • Tygar

    LOL I am sitting at my computer looking at my passport with the upper corner “eaten” off by one of my dogs.

    I called the passport people & was told I would need to, basically, apply for a new passport, new pics etc & pay full price.  I would think a replacement copy should be available for a reduced fee but guess not.

    It’s the travelers responsibility to know what is required.

    Spirit should not have given bogus info &  this is the first time I’ve ever heard of Spirit doing something good, so count your blessings on this one.

  • Brandy

    I just had this same issue. Yes my brothers dog ate a part of the back cover and a couple of pages of my passport while I was in ICU in the hospital on my death bed. I don’t know how he got it but he did…tho he has died since then..not related. My husband booked our honeymoon in Mexico about 2 or less months away from our wedding day. I was so concerned with wedding planning and other issues that I didn’t even think about there being an issue with my passport. The front part was completely ok, my picture, signature, numbers…everything. When we got to Mexico we were turned away and put back on the first flight back, which went to Orlando which is 3 hours away and we were responsible for paying for the rental car to get us home. In hindsight I should have had a backup plan for issues with it, but since the info about my identity was not compromised, I 100% honestly did not think about it. So now we are out our whole honeymoon. I am sick about it. I could have obtained emergency id if JetBlue would have told me it would be an issue. I’m not sure how I feel about this, but yes it does happen. Expensive lesson learned I guess.