Lufthansa fined Rs 1 lakh for not informing passenger about Schengen visa

A Gujarat consumer court ruled in favour of a passenger who alleged that the German airline failed to inform him about Schengen visa rules, causing him 'mental agony'

How much should an airline be held accountable for causing emotional distress and financial loss to passengers due to oversight? A consumer court in Gujarat has raised the standard for compensation in such cases.

On Friday, September 6, the Gandhinagar District Consumer Dispute Redressal Commission in Gujarat ruled partially in favour of Maharshi Yadav, a student passenger, who sought compensation from Deutsche Lufthansa, a German airline. The airline failed to inform him about the need for a Schengen visa for a layover in Germany during his journey from Mumbai to Toronto, The Indian Express reported.

Yadav, 25, was travelling to Canada for higher studies but was stopped at Mumbai airport on April 13, 2022, for not possessing a mandatory Schengen visa required for transiting through European countries like Germany. Lufthansa had not informed him of this requirement during the ticket booking process.

Claim of unfair trade practices by Lufthansa

In his complaint to the consumer court, Yadav alleged that Lufthansa's failure to notify him of the visa requirement constituted unfair trade practices. He had booked his flight in February 2022 and was set to fly from Mumbai to Munich, followed by a transfer to Frankfurt, before heading to Toronto.

After being denied boarding due to the visa issue, Yadav had to forfeit the cost of his ticket and buy a last-minute ticket on Emirates Airlines, costing him Rs 1.70 lakh. The student, through his mother Pushpa Yadav, approached the consumer court on March 14, 2023, seeking refunds for both the original and replacement tickets, along with compensation for emotional distress, the national daily reported.

Following the incident, Yadav sent a legal notice to Lufthansa on May 2, 2022. However, the airline took two months to respond and ultimately refused to issue a refund. This delay was another factor in the court’s decision to impose compensation for the mental distress caused to Yadav.

Court’s ruling and Lufthansa’s response

The commission ordered Lufthansa to pay Yadav Rs 1 lakh as compensation for mental anguish and a refund of Rs 67,612 for the unused ticket. The airline was also directed to pay 8 per cent interest on the refund amount from the complaint filing date. The compensation is to be paid within 30 days of receiving the certified copy of the judgment, the report said.

Meanwhile, Lufthansa defended its position by arguing that the passenger was responsible for obtaining the visa and that the ticket was non-refundable. The airline also claimed that Yadav had cancelled the ticket on his own, a stance that the court rejected.

What is Schengen visa?

A Schengen visa is a short-term visa that allows individuals to travel freely within the 27 European countries that are part of the Schengen Area. These countries have abolished internal borders for passport-free movement across their territories. The visa is typically issued for tourism, business, family visits, or transit purposes and permits stays of up to 90 days within a 180-day period.

The Schengen Area includes most European Union countries, except for a few like Ireland, and also includes non-EU countries such as Norway, Iceland, Switzerland, and Liechtenstein.

If you're travelling to a country within the Schengen Zone, you need a Schengen visa unless you're from a country with visa-free access to the area.