I try to find "legality" of following situation:
Mom (75, Slovak citizen) was traveling from Slovakia to Vancouver (Kosice-Vienna-Newark-Vancouver). The reason was to stay as visitor in Vancouver for 6 months with family, who are Canadian citizens.
Flight back was not via USA (Vancouver-Toronto-Viena-Kosice).
She had fresh ESTA Travel Visa (to be able to get flight from Newark to Vancouver). Before boarding to flight from Vienna to Newark (on Vienna Airport) she was told that because her flight back is 6 months later her ESTA Visa will be expired by then and therefore she can not board the plane to Newark…
She had to stay (with my brother, her son - Canadian citizen) in Vienna, in Hotel, they both had to buy tickets to Toronto - to avoid USA.. and it cost a lot.
Is it possible to get any info which rules actually were used to restrict moms boarding to the flight?
Here is an answer from Austrian Airlines to my request to help me with issue:
Thank you for your correspondence. We were sorry to learn of the circumstances that prompted you to write and appreciate the opportunity to respond.
We regret to hear that your mother was not able to travel as planned on flight OS89 / 04 Apr 15 from Vienna to Newark onto Canada due to visa / ESTA issues.
Kindly be advised that Lufthansa/Austrian Airlines are not part of the immigration service of any country and, therefore, cannot be liable for any compliance thereof. Each country's government has its own regulations concerning visa and entry permits, and the airlines have no influence regarding the implementation. While an airline may complimentary advise a customer of such requirements, there is no legal obligation to do so. The Consulate or Embassy of each individual country included in an itinerary should be consulted prior to commencement of travel due to frequently changing regulations.
Lufthansa’s/Austrian Airline’s General Conditions of Carriage state that Lufthansa/Austrian Airlines may refuse carriage if the passenger does not have valid travel documents and that the passenger is solely responsible for obtaining all required travel documents and proper visas prior to travel and for complying with all laws, regulations and requirements of countries from which or to which the passenger wishes to travel or transit through. In addition, it also reads that Lufthansa/Austrian Airlines shall not be held responsible for the consequences or expenses that result from the failure to obtain such documents or incomplete documentation from the non-compliance with such laws, regulations and requirements.
Mr. (my name), we realize our response may not be the one anticipated and appreciate your understanding of our position.
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