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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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airline refuse to let anyone fly because they think they look

Resolved Question:

airline refuse to let anyone fly because they think they look ill?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Could you please explain the situation a little more?
Customer:

where is my answer?

Alex Watts :

Sorry I asked if you could explain the situation a little more

Alex Watts :

I just need to know what happened then I can reply to you

Alex Watts :

If you can not see my typing I can change the format

Customer:

I got an email saying you had answered but I cannit acess it I have already given you a fuller Question

Alex Watts :

I can only see "airline refuse to let anyone fly because they think they look ill?"

Alex Watts :

What happened?

Customer:

his Philippina says she was not allowed to board the plane fromManila and on to NewZealand because they thought she looked too ill. She passed her health test to get her visa. She is married to Scotsman living in New Zealand

Alex Watts :

I see.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

This is because when a flight is booked, it is governed by a contract

Alex Watts :

Both the airline and the passenger are bound by the contract

Customer:

Then tell me

Alex Watts :

This governs the terms and conditions of carraige

Alex Watts :

Typically there are several clases:

Alex Watts :

* clauses *

Alex Watts :

For example Virgin:

Alex Watts :

They can deny boarding and have a whole clause on it

Alex Watts :

This includes:

Alex Watts :

your mental or physical state appears to present a hazard or risk to yourself, to passengers, to crew, to the aircraft or any person or property in it

Alex Watts :

And also:

Alex Watts :

Prior to boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. No medical examination is necessary unless you have any reason to suspect, or ought reasonably to know, that you have a condition which might be exacerbated by the normal operation of an aircraft or could cause you difficulty if you are unable to gain access before the end of your flight to professional medical assistance. If you have any doubt whatsoever you are obliged to seek professional medical advice before flying with us. Whenever you are aware of a health condition of the type just mentioned, but have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication), it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight, as the case may be and that you are able, if requested to do so, to produce written evidence of your fitness to fly

Alex Watts :

As such they can reasonably refuse to let someone board.

Alex Watts :

All airlines have similar clauses for example British Airways

Alex Watts :

Virgins are found: http://www.virgin-atlantic.com/gb/en/travel-information/customer-service/conditions-of-carriage/article-7.html

Alex Watts :

BA are found: http://www.britishairways.com/en-gb/information/legal/conditions-of-carriage

Alex Watts :

What your friend should do is examine the terms and conditions to see if they can be refused travel.

Alex Watts :

But generally speaking the answer is yes.

Alex Watts :

I am sorry if this is not the answer your friend wants and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If it is Air Philippines then their terms and conditions are here:

Alex Watts :

http://www.philippineairlines.com/legal_notices/conditions_of_carriage/gen_conditions_of_carriage.jsp

Customer:

Finished and rated Ok service

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Thanks - try and rate now!

Alex

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