[sbernett]

On July 2, 2008, I showed up an hour and a half before take-off on flight OK51 from JFK to Prague. I was a ticketed, confirmed passenger for a Czech Airlines flight.

</p> The Czech Airlines supervisor on duty was speaking on the phone in order to issue boarding passes to the ten stand-by passengers, almost all of whom were attempting to make connecting flights in Prague. I explained my situation to the supervisor, that I was a ticketed and confirmed passenger with a seat assignment. The Czech Airlines supervisor told me that arriving at 2:50p.m. was “too late” for a flight leaving at 4:10p.m. and that the “flight had closed.” However, she told the two other passengers who arrived after me, two different “closing” times: the student was told the flight closed at 3:00p.m. while the trial attorney was told that the flight “closed” an hour before take off, that is, at 3:10p.m. She directed me to wait next to the stand-by line and that she would speak with me only after she had boarded the ten passengers on the stand-by line. Apparently for these passengers, the flight was “open,” but for me, a ticketed and confirmed passenger with a seat assignment who showed up over one hour prior to the scheduled departure time, the flight was “closed.”

When the Czech Airlines supervisor had completed assigning my seat to the stand-by passengers at 3:35p.m., she turned her attention to me. I explained that my luggage could be sent on tomorrow’s flight but that it is of utmost importance that I fly today, as family was waiting for me in Prague. The Czech Airlines supervisor said this could not be done because it was too late. This was untrue, however, because I had overheard a conversation between the supervisor and a young mother passenger a minute prior about re-checking-in her luggage. When I asked for further clarification as to why I could not board the flight when I had arrived at the airport 80 minutes prior to take-off, the Czech Airlines supervisor informed me that the Czech Republic issues a $5,000 fine to the airline for any passenger passport information transmitted less than an hour prior to take-off. This explanation is not only false (the United States government enforces this requirement for incoming flights from overseas, not the contrary, and the Czech Republic has no such requirement), but even if it were true, I was at the line ready to be checked in over one hour prior to take-off!! Furthermore, I reminded the Czech Airlines supervisor that international-bound flights at JFK never take off early or on time. As it turned out, this flight subsequently took off at 4:28p.m.


Upon realizing, perhaps, that the Czech Airlines supervisor was speaking with a passenger well-informed of her rights under United States federal aviation consumer laws, she admitted that there were no more seats available on the flight. My seat number was 22A and the airline gave it to a stand-by passenger who was standing next to me at the check-in line. I asked the Czech Airlines supervisor if she could book me on the next flight to Prague and she said to me that the “server is off” and to phone Czech Airlines, which I promptly did, at 3:43p.m. Prior to making the phone call, I asked the supervisor if there were any way she could get me on the July 2 flight and she said no. I asked the Czech Airlines supervisor to sign a piece of paper I offered her, stating that I had indeed appeared for my flight today, but she refused. The only explanation I can surmise for her refusal was so that Czech Airlines could then deem me a “no show” as indeed Czech Airlines representative Daniel subsequently did later that evening. Unbeknownst to this airline at the time, I had proof of my appearance at JFK 80 minutes prior to the flight. A copy of the proof was attached to the complaint letter mailed to Czech Airlines; a long-term parking garage receipt indicating an arrival time of 2:44p.m.

When I phoned Czech Airlines at 3:43p.m., I spoke with representative Pavla. I explained to Pavla briefly the above circumstances and she booked me on the next available flight, for July 4. She informed me of a $589.47 “penalty” for the re-issuing of my ticket. I requested that the fee be waived because of Czech Airlines’s reprehensible conduct. Pavla refused. Without much choice (I attached competitor airline fares for a one-way ticket from JFK to Prague on July 3 and July 4, indicating higher fares than that charged by Czech Airlines), I accepted this charge. When I received my confirmation e-ticket, I observed the charge had increased without explanation to $627.64. I phoned Czech Airlines representative Daniel on July 2 at 9:15p.m. and requested an explanation for the unauthorized price change. Daniel could not provide me with an explanation and said that Pavla would phone me on July 3. I never received a phone call from Pavla or any other Czech Airlines representative.

I have flown on hundreds of international and domestic flights and I have never missed a flight or been denied boarding to my flight. What apparently sets Czech Airlines’s conduct apart from its competitors is: (1) its lopsided and illegal application of the federal requirements of 49 United States Code §§401, 411, 413, 417 to passengers involuntarily denied boarding; instead of compensating me at the rate of 200% of the fare for denying me boarding and providing me with a written explanation of denied boarding compensation and boarding priorities, as required by Title XIV, Chapter II, §§250.5, 250.9 of the Department of Transportation’s Office of Aviation Enforcement and Proceedings Aviation Consumer Protection Division’s Rules; and (2) its policy of boarding stand-by passengers a full hour and a half before departure time and its arbitrary and illogical refusal to board ticketed and confirmed passengers waiting at the check-in line next to the stand-by passengers. In an illegal action, Czech Airlines's ticket counter employees and supervisor directed me to either (1) forfeit my fare at a value of $503.54; (2) book a one-way flight with a competitor airline with fare ranges of $669 to $1,695; or (3) pay what it terms a “penalty re-issue ticket” which masquerades as the purchase of a new ticket at $627.64 in addition to the $1007.08 already paid for my round-trip ticket.

I wrote a complaint letter to Czech Airlines on July 3, 2008 about its unscrupulous, unethical, and illegal conduct in refusing to board a ticketed, confirmed, seat-assigned passenger on her flight on July 2, and in boarding in her place ten stand-by passengers and requested that Czech Airlines fully refund the $627.64 “penalty” fee to my credit card. Czech Airlines never bothered refunding me the extra charge for the second "penalty" ticket. I disputed the credit card for the (one-way portion of the) July 2 ticket with Discover Card (cost, $504), which ruled in my favor. I am in the process of disputing the overbilling portion of the second ticket with my Washington Mutual credit card. I have also filed a complaint with the Department of Transportation. Czech Airlines must learn that it cannot violate U.S. federal law if it wishes to continue operating in this country, and that United States citizens can vindicate injustices Czech Airlines commits via U.S. consumer laws. Perhaps in the Czech Republic it is legal to engage in illegal boarding and to deceive airline customers, but such conduct is not permitted here. I publicize Czech Airlines's conduct and illegal act so that other consumers may be aware of what type of the unsavory attitude the company of Czech Airlines as well as several of its employees and supervisors hold towards their customers.

[Silent Bob]

The thing about long drawn stories like this, is that the person writing it has a tendency to conflict themselves. For starters you say you arrived 1 1/2 hour before your flight, but then you offer proof with your parking ticket that shows you arrived at "long term parking" at 2:44pm (your flight is at 4:10pm which hmmmmmm guessing cut off is at 3:10pm). That leaves you with about 25 minutes to be at the airport in time for your flight. I know you are including that 1 hour prior to departure, but if you don't make it to cut off, then you are cut off. So you cannot include the last hour prior to take off.

Also you can't use involuntary boarding as a defense to get compensation, because had you arrived ontime you would have had a seat. (you mention you had 22a). that 200% comp only goes to those who arrive at the airport, on time, but have no seat. (believe me I've had my share and I look forward to the day I flight international and I'm on an overbooked flight with no seat. 200%? heck yea!!) Also having been a stand by passenger many times on international flights, airlines give the standby folks the seats one hour before departure, incase of noshows, so as soon as cutoff is reached, they were in the right to give away their seat. Though as a customer service gesture they could have boarded you.

but it doesn't appear they did anything wrong other than, probably mess up with the penalty charge..... maybe

[sbernett]

Thanks for reading my post, despite it being "long" and "drawn out" (your words). I did not intend to contradict myself in my posting. The majority of the post was copied word for word from my complaint letter dated July 3 whereas the first paragraph was typed yesterday without my reviewing the time sequence to refresh my recollection, so I rounded up 10 minutes. Thanks for not giving me benefit of doubt

In case you don’t know, the long term parking terminal in JFK is connected via Air Train to the international departure terminal, allowing me to arrive at the check-in counter within a ten-minute period. The agents at the check-in counter gave three different “supposed” cut off times: 2:50p.m. to one person, 3:00p.m. to another, and 3:10p.m. to a third. This proves there was no set cut-off time, they just made it up as they went along, and this is why I legally can maintain that I arrived at the airport on time due to the airline’s lengthy lies about cut off time during and after the fact and nonsense about transmittal of passenger lists to Czech Republic for “security reasons” (absolute hogwash).

When an airline doesn’t state its cut-off time for boarding, it cannot claim a particular time is “too late” (my case is a case in point where they made up what the cut off time was, and obviously lied to three ticketed passengers).

As I point out above and in my first post, there was no set cut off time - they just made it up as they went along because the airline gets much more $$ from boarding stand-by passengers than from boarding a ticketed passenger like yours truly. Hopefully they will learn this treatment cannot pay-off long-term.

[abutterfinger25]

I could not locate Czech's check in requirement online, but I would assume that it is 1 hour since that is the industry norm. Plus the passenger normally has to be at the gate w/in 30 minutes of departure, again this is the norm since I could not locate the information on Czech's website. However, all this information should be in your paperwork.

Now, figure the 3:10 cutouff (an hour from schedule departure), you were cutting it close. While I am not family with JFK's long term parking facility, you arrived at the garage at 2:44 for the 3:10 cutoff. And you said it takes 10 minutes to walk from the facility to the terminal. That leaves you 15 mintues to find a spot and then wait in line to check in.

I would like to know what Czech's check in time is, so if you find out... Please let me know.

[Silent Bob]

There's always a set cut off for any international flight, which is one hour. You're making the assumption that because you are there, at the airport (or in the vicinity of the terminals), you're ontime for your flight. But you were not at the counter 1 1/2 prior you were parking. The long term lot at JFK is just a bit outside the main airport terminals, and czech airline is in term 4, so given the distance and the time it takes just to park then get to the terminal, one can say yes you were definitely late for that flight. SO again the only issue you would have with czech would be the penalty that you might have overpaid.

[sbernett]

I was definitely at the counter before this so-called 3:10pm cutoff that is not advertised on Czech Airlines's website, with which I was entirely familiar prior to writing my complaint letter. Once I was online is the time that counts, not when the supervisor decides to "service me" after spending 30 minutes servicing 10 stand-by passengers. And the point is, the Czech airline employees who are SUPPOSED to be most familiar with their so called "cut-off policy" - were changing it all the time: 2:50pm, 3:00pm, 3:10pm. Proves there was no official cut-off time - it was based on arbitrary whim of ground crew.
Bob - the "penalty" I "might" have overpaid, as you state, is the purchase of a second ticket. Wamu told me that because I actually flew on the July 4 flight, I can't claim anything except the overpayment of about $37. Whereas the first credit card company found for me, and refunded me cost of one-way ticket, because the services promised to me were simply not provided. While I was cutting it close I still maintain that I arrived in time to be boarded on the flight. There was no reason but profit motive to board 10 stand-bys instead of me when I arrived before their so-called cut off time that changed 3 times while I was there. Rules are rules unless they are neither posted not acknowledged. Czech Airlines clearly allows its agents to do as they please without any respect for rules or truth.

[abutterfinger25]

I got a response from my contact at Czech Airlines who informed me that the checkin requirement at JFK is 150 minutes and she directed me to their website which gives the requirement for each airport the carrier serves.

http://www.csa.cz/en/portal/passenge...tm?airport=JFK

[sbernett]

Hi abutterfinger25, I appreciate your patience and time devoted to my problem. Under "Latest check-in time" is listed the 250-minute checking requirement is the equivalent of 2 and a half hours prior to departure, which is equivalent to 1:30p.m. E.D.T for a 4:10p.m E.D.T. departure time at JFK. I recall when I confirmed my flight 48 hours prior, being told that check-in BEGINS at 1:30p.m. on July 2. Therefore, the minimum start time for check-in cannot possibly be the same as the latest check-in time. In fact, the stand-by passengers told me that they were told to check in first, at 12:30p.m. that day, before the regular ticketed passengers arrive. The website's incorrect stated "latest check-in time" of 250 minutes prior to departure is simply a mistake made due to incorrect translation. Perhaps Czech Airlines's website designer needs a refresher course in English.

[Silent Bob]

I don't think the airlines allow their employees to do as they please or we'd all be in trouble. so there can be no "so called cut off". I spoke with the czech people at JFK, and the 150 minutes check in requirement is for "check in", which is fairly standard practice with most airlines flying international. Which means you have to be at the airport (in the building, on the line, not in the parking lot) for check in. And given how busy JFK is, you need extra time. Again every airline has a cut off, so does Czech, if you didn't make then you didn't make it.

[sbernett]

You are correct, silentBob - Czech Airlines, like all airlines, apparently does have a cut-off. As per their letter dated September 8, 2008, mailed to me over two months after the illegal denial of boarding, Czech Airlines responded to my written complaint. Czech Airlines wrote: “According to representation of our area manager you came too late and your seat was already assigned to stand-by passengers. Let me please advice you that recommended time for “check – in” is at least 60 minutes before departure.”

My response to the above: as my letter and documented evidence proves, I was at the check-in line well before 60 minutes prior to departure. I was there at 2:53pm or 2:54pm for a 4:10p.m. departure. My seat was not assigned to a stand-by passenger BEFORE I arrived. I witnessed my seat being assigned to 10 stand-by passengers AFTER I arrived. They had not yet begun issuing boarding tickets to the stand-by passengers when I had arrived. They were ABOUT to. This proves Czech Airlines engaged in a whitewash "investigation" of my complaint, and their letter directly states that I had to be there at least 60 minutes prior to departure - which I was. I could have never seen the 10 stand-by people waiting on the stand by line had I arrived after 3:05p.m. when they began to receive tickets and leave for baggage check-in. I stand by the evidence that Czech Airlines denied me boarding illegally, lied to me and other passengers, engaged in a whitewash investigation and a cover-up letter. My credit card company has not been persuaded by their actions or coverup "investigation," and thus they will not profit from their misdeeds and violation of federal consumer aviation laws.

[sbernett]

Thank you so much, fghi142, for your illuminating post.