However, Ros Fernihough has proven most helpful in my recent complaint and she will be best able to advise you from a proper legal position.
It seems to me that in effect your fiance (husband now, congrats.) was refused boarding. This is quite a serious matter and one that carries stiff penalties for the airline. I would put it to the airline to prove that they refused him access to the plane on the basis of a suspect passport. Presumably, they will have provided you with that written explanation at the time of refusal, and in the absense of such they should have followed up the refusal with a written explanation within a reasonable period of time - say 14 days max.
You could put it to the airline that in your belief they were simply overbooked. Their insistance upon refusal due to an alleged suspect passport should have merited, as you say, a referral to an official security guard, or better still, to an imigration or customs officer or policeman/woman. They failed to do this further giving weight to your belief that he was simply 'bumped'.
You may find that compensation is forthcomming for your fiance, including recovery of costs of alternate flight, but not for his fellow passenger as his/her choice to not fly was not forced by the airline.
I also think you should avoid clouding the issue with problems about food and entertainment - you'll get nowhere with that aspect. Focus on the main issue - MyTravel's refusal to permit boarding by your fiance when it was later proven that his passport was acceptable to US Immigration and the alternate carrier outbound, and MyTravel on the return leg.
I believe you will ultimately need to threaten legal action against MyTravel in order to receive due compensation. This is where Ros can be most helpful. She will be able to clarify the legal position and once My Travel appreciate you have her in your corner I suspect they'll realise this claim is not going to disappear.
Until you threaten legal action - with a conviction that you will proceed - do you honestly think most tour operators take the matter as seriously as they should ?
It would help your case perhaps to know if the flight was full, even with your fiance and fellow passenger not boarding. This might help to confirm your belief that the flight was overbooked. Such information should be made available to you should you pursue the claim in court.
I cannot see how MyTravel can defend this position.
Let us know the outcome please, here on this thread.
Mike
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Edited by
MikeCunliffe
2005-12-07 14:08:28