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I'm a ticket sales agent in Uzbekistan. I issued an airticket for a Uzbekistani passenger flying from Tashkent to Rio de Janeiro and back during Olympic games 2016. Immigration services in Rio refused the passenger entry into Brasil due to the absence of a visa or Olympic accreditation.

So my question is, who is responsible that this passenger was boarded for the flight and traveled from Tashkent to Rio?

In fact, when passenger asked me to issue a ticket for him, he told that he was going to fly with Olympic team of Uzbekistan and no visa required for the supporters of National team. And also, it was announced by Brazilian Government that no visa during Olympic Games 2016 in Rio. The problem is that the passenger wants me to make him a full refund of ticket, that is 953 euros and plus 500 euros for other expenses... Besides, I was fined for about 409 euros, that is one way fare of ticket by Uzbekistan Airways for ticket issuing with no visa. So it becomes that I'm the only responsible that this passenger flew to Rio and was deported. Please give your suggestions, ways to find documents in the net(IATA, ICAO) proving that passenger visa documents should be checked by airport agents before boarding the flight.
many thanks for your opinion.

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    As an issuing agent, you are clearly not resposible. Traveller is responsible for having correct papers to be admitted, and airline is responsible to carry them back if not admitted. This is where responsibility ends. – alamar Dec 4 '19 at 13:12
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    @Gullola Khodjaeva Did you give the purchaser any advice about visas? What do your T&C of business say? What did the airline’s T&C say? While I agree with alamar’s comment, is there a particular reason you’re asking this question? Eg is the traveller claiming you are responsible? – Traveller Dec 4 '19 at 13:20
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    My memory of this isn't all that great, but I think I recall seeing in Timatic that it said only that Brazil would be visa-free for travel between specific dates because of the Olympics. I don't recall any mention of needing to be on an Olympic team or have tickets to the games or anything like that. – Michael Hampton Dec 4 '19 at 17:23
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    Various sources on the internet refer to a visa waiver for the 2016 Olympics, but only for citizens of the US, Canada, Australia and Japan. In any case, the liability hinges on the contracts between you, the airline, and the customer. This is not something that should be discussed in public, for fear of admitting something that you perhaps shouldn't.. You need to see a lawyer. – user105640 Dec 5 '19 at 11:16
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    Who “fined” you? The government? The airline? – jcaron Dec 5 '19 at 21:40
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The comments all assume that the legal obligations between the airline and the ticket agent are the same in Uzbekistan as in the US or Europe. In the US and Europe, the passenger bears responsibility for the correctness and completeness of travel documents.

That the travel agent was fined, however, suggests that in Uzbekistan the obligations between the parties are different. Perhaps the ticket agent really is liable for the error; perhaps the airline is just charging the ticket agent because it (the airline) is more powerful than the agent. Perhaps the "fine" was imposed by the government, not the airline, for a violation of Uzbekistan law. We don't know.

I agree with the comment of @Arthur'sPass: you should consult someone familiar with Uzbekistan law and practice, likely an attorney or solicitor in Uzbekistan.

EDIT Dec 6, 2019:

The answer to OP's dilemma will be found in some combination of: a) Uzbekistan Airlines' Terms of Carriage; b) the contractual relationship between Uzbekistan Airlines and the OP, or any Uzbek law or administrative regulation which affects that relationship; c) the contractual relationship between the traveler and the OP, or any Uzbek law or administrative regulation which affects that relationship; and/or d) how things are actually or usually done in Uzbekistan.

I don't know about any of these matters. The OP needs to talk to someone who does.

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  • @jcaron the airline fined me for this case and now passenger claims me in court. – Gullola Khodjaeva Dec 6 '19 at 5:05
  • I agree with your point of view and would like to clarify a little, the law and civil aviation code has got laps and doesn't cover all issues, e.g. visa check regulations... The air-ticket sales agents are not trained to check different entry visas, documents allowing entry to visa required countries... the airline fine sales agent for ticket issue with no visa because there is the risk of loss of profit as the seat in the flight may be unsold, this is the key to fine a sales agent in such a case. – Gullola Khodjaeva Dec 6 '19 at 5:31
  • @GullolaKhodjaeva Thanks for the expansion. My view stands: you should consult with a lawyer or solicitor who knows the law (and, by extension, how things work) in Uzbekistan. – DavidSupportsMonica Dec 6 '19 at 5:33
  • also to add, the passenger's first demand of refund from airline was refused by airline with explanation that the passenger was the only one to be responsible for his passport, visas and documents. Then passenger turned to me with demand of ticket refund and other expenses as i'm not that much powerful as an airline – Gullola Khodjaeva Dec 6 '19 at 5:37
  • @GullolaKhodjaeva Then your lawyer should seek confirmation from the Airline that it is the passenger's responsibility to insure that he has the correct travel documents. With that you would have a powerful allie. – Mark Johnson Dec 6 '19 at 18:26

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