LThe expected resumption this summer of flights to Greece, Egypt or the Canaries, gives us the opportunity to remind you that the name that will appear on your plane ticket must be the same as the one on your document identity. Otherwise, the airline may deny you access to the boarding lounge or the plane, citing security reasons.
This is what, on October 16, 2018, happens to Ms. X: when she has to fly to Thailand with her husband and children, the Qatar Airways company refuses to let her go. The name on her plane ticket is indeed her married name, while the one on her passport is her maiden name. The family vacation is gone.
M. and Mme X are asking to be compensated by the Société de distribution noeuxoise, an agency operating under the Leclerc Voyages brand, with which they have reserved their stay. They accuse him of not having informed them of the necessary conformity of the names appearing on the reservation and on the passport.
Information obligation
For lack of a positive answer, they go to court. They recall that under the vsode of tourism (article L 211-16), the agency is “Fully responsible for the proper performance of the obligations resulting from the contract”. And that it can only be exonerated from its liability by providing proof that the damage is attributable either to the traveler, or to a foreign third party, or to exceptional and unavoidable circumstances.
The Noeux distribution company replies that it has fulfilled its obligation to provide information and advice when booking. She ensures that the non-conformity of the names is attributable to Mrs X, who, “Later” at this reservation, registered in his wife’s name, had a passport made “In her maiden name”. She adds that, on the day of departure, Mr.me X should have let his family go, then joined them, once his ticket had been changed.
The Lille high court ruled in his favor, but the Douai Court of Appeal reversed its judgment, May 20 (2021). She judges that” No mistake “ cannot be blamed on Mme X: “The establishment of a passport in her maiden name is perfectly regular, the name of wife being only a common name. “
Obligation to verify
On the other hand, the court considers that the agency should, “As part of its obligation to provide information and advice”, draw the client’s attention to this necessary conformity. However, she judges, the agency does not “Does that to affirm” have done it, “Without establishing it” – that is to say without proving it.
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