Problems with visas or ETAs – who is liable?
Booked it yourself? You're responsible for it!
If you book your own transport to a country that requires a visa or electronic travel entry authorisation (ETA) and you make a mistake, and you make a mistake, you will be responsible for any resulting costs. Individual travellers are obliged to find out in advance what documents and evidence are required (e.g. passport, visa, proof of vaccination, entry permits, sufficient funds and return tickets, etc.) and to carry these with them. Anyone who books their trip independently – whether via a price comparison platform, directly with the airline or at a travel agency without additional services – is responsible for ETA, visas and other entry formalities.
Important: Without the necessary entry documents, you will probably not be allowed on board. Transport companies are obliged to transmit passenger data to the authorities of the destination country – including via the Advanced Passenger Information System (APIS).
Denied boarding
The system is used not only by airlines, but also, for example, by Eurostar trains (via the Eurotunnel to the United Kingdom) and ferry connections. Here, too, data is checked via APIS before departure. In addition to personal passenger data, the approval status of the ETA or visa is also forwarded to the immigration authorities. If this information is incorrect or incomplete, the system automatically blocks the person concerned from boarding. Therefore, please ensure that your information is correct and complete in order to avoid unexpected obstacles.
Almost all transport companies provide varying degrees of detail about entry requirements on their websites or during online check-in. After booking a flight, passengers usually also receive an email with relevant information. However, this is a voluntary service, not a legal obligation. The information is usually of a general nature and does not address exceptions. Typical phrases such as "Non-British citizens should enquire at the embassy" remain vague. It would be clearer to state that travellers with an incorrectly applied for ETA or visa will not be allowed on board. In the worst case, entry will then be denied at border control at the destination airport – and the immediate return journey must be made at the traveller's own expense.
Before embarking on longer journeys, we strongly recommend taking a look at the country information provided by the Austrian Foreign Ministry. However, even there, special regulations for certain professional groups, dual citizenships, persons with special medical needs, persons with criminal records, unaccompanied minors and other special cases may be incomplete. Travellers with special characteristics of this kind should seek advice directly from the consulate or embassy of their destination country!
Check details
Right to adequate information for package holidays
When booking a combination of several travel services that are paid for together, the law stipulates that first, the travel agent must provide all essential information about the trip before the contract is concluded, and then the tour operator must also provide this information. If you purchase your flight via a booking platform, this platform is considered an agent (like a travel agency). When booking online, interested parties must be informed of any entry requirements or restrictions as soon as they select a travel destination.
A travel contract is deemed to have been concluded as soon as you receive the email confirmation of your online booking, or when you receive a booking confirmation at the travel agency. Once the travel contract is deemed to have been concluded in this way, (§4 PRG) you must be informed about requirements and, if applicable, changes to entry requirements . These information obligations also include all requirements for entry and transit as well as the processing time that applicants can usually expect. The law stipulates that travellers must be informed of this unsolicited and in writing .
A good current example of this is the introduction of the ETA for the United Kingdom from April 2025. Travellers who, for example, paid a year ago and will be travelling in May must be informed in writing by the travel companies about this introduction – if this has not already been done.
When visa agents make mistakes
Many people use the services of commercial visa agencies to obtain entry permits. As we explain here, this is generally not recommended. If such an agency makes a mistake when processing the entry permit, the question of liability arises in the event of high financial losses, e.g. if the trip cannot be taken. Visa agencies usually have clauses in their general terms and conditions that exclude liability or severely limit the coverage of damages (e.g. a maximum of 250 euros). If the agencies exclude slight negligence for their own mistakes with such liability clauses, it can only be examined on a case-by-case basis whether this is contestable.
Case studies from the European Consumer Centre on liability issues
Case studies on liability issues
But what happens if transport companies or tour operators do not provide sufficient information about the necessary entry requirements? Or if passengers are unjustifiably denied boarding due to mistakes made by airline employees? The following case studies from the ECC illustrate the legal situation:
A traveller from Vienna books return flight tickets to the Caribbean through a travel agency. In Madrid, she is unable to board her connecting flight to the Dominican Republic: the island nation requires a separate e-ticket with a QR code for entry, but only allows this to be completed at the airport of entry. However, when checking in for her connecting flight in Madrid, an Iberia airline employee insisted on not allowing the lady to board without this QR code. The elderly woman had problems downloading the e-ticket and only presented it when boarding was already closing. She was then refused again. The Viennese woman could not afford another flight ticket and had to return home.
Legal assessment: As the Dominican Republic allows digital entry formalities to be completed upon arrival at its own border, the airline's refusal to allow boarding was not lawful. The injured party is therefore entitled to the following: reimbursement of unused flight tickets and compensation of EUR 600 in accordance with Regulation (EC) No 261/2004. Since no alternative transport was offered, the cost of returning to the point of departure of the journey to Vienna must also be covered. If you can provide proof of expenses for refreshments while waiting for your self-organised return flight, you are also entitled to reimbursement for these.
A traveller and her sister were denied boarding on a WizzAir flight from Budapest to Cairo because she allegedly needed a visa. In fact, as a Yemeni national with an EU residence permit, she was exempt from the visa requirement. Despite presenting several valid documents, including her Hungarian residence permit and a passport with a previous entry stamp to Cairo, airline staff refused to allow her to board. A diplomat from the embassy attempted to resolve the situation but was ignored. The angry sisters were eventually even expelled from the airport. As WizzAir offered no solution, they booked a replacement flight with EgyptAir at their own expense two days later, which allowed them to travel to Cairo without any problems.
Legal assessment: WizzAir staff were inadequately informed about visa exemptions, which is why the refusal to allow boarding was unlawful. According to EU Regulation (EC) No. 261/2004, passengers are entitled to reimbursement of the difference in ticket price between the original flight and the replacement flight they booked themselves, as well as compensation of €400 per person. In addition, the airline must cover the costs of accommodation (e.g. necessary hotel stay) and meals.
Two separate cases handled by the ECC concerned family trips booked with major German tour operators (TUI, DERTour). These were package tours worth over €2,000, including flights to Tunisia with Nouvelair and hotel accommodation. In both cases, the tour groups were Austrian, with a few Serbian nationals. As Serbia is not a member of the EU, those affected needed a visa for Tunisia. Normally, this must be applied for three months before the trip. In one of the two cases, family members visited both the Tunisian and Serbian embassies. They were assured that a "visa on arrival" would be issued at the Tunisian airport of arrival. Nevertheless, Nouvelair refused boarding in both cases. Even with written confirmation from the Tunisian embassy, the tour operator refused to offer a replacement package holiday two days later.
Legal assessment: The tour operators did not provide sufficient support to their customers when the airline unjustifiably denied them boarding. No alternative transport was offered, which the travel agencies would have been obliged to do under the Package Travel Act. Put simply, the contracted airline is an agent in the provision of travel services. In such a situation, denied boarding is comparable to the tour operator not allowing the passengers to board. In accordance with the Package Travel Act, compensation for loss of holiday enjoyment was demanded in addition to a refund. The tour operator in the first case admitted the error out of court and reimbursed the costs. The company in the other case refused, and the case is being referred to the VKI's legal department. Tip: Read more about extended protection for package tours in our FAQs.
Two Austrian travellers had booked a long-distance trip to India with a German long-distance travel provider (which was also a tour operator). Shortly afterwards, their e-visa applications were rejected because they had stated their occupation as "journalist" on the application form. The Indian Embassy in Vienna confirmed that journalists – even when travelling privately – require a special visa, which takes around ten days to process. However, this was too late for their upcoming trip. The travel company then recommended that they submit a new application with a different (untrue) occupation. The Indian authorities rejected this application as well. Ultimately, the travellers cancelled their trip on the advice of the travel agency. However, due to the terms of the contract, a cancellation fee of €5,700 was now due, corresponding to 90% of the travel costs incurred for such a late cancellation.
Legal assessment: According to the Package Travel Act, both tour operators (service providers) and travel agents (in this case, the travel agency) must provide consumers with accurate information about the individual travel services and the necessary requirements separately after the contract has been concluded. Section 4 of the Act requires general information on visas for the destination country and their approximate processing time. Since, in this specific case, the travel agency was not aware of the travellers' professions and also gave the wrong recommendation, both parties are partly to blame. The travel companies reached an out-of-court settlement with the injured parties on greatly reduced cancellation fees.
Two travellers booked a package holiday with TUI to the Dominican Republic worth over €4,000 via the travel booking platform ab-in-den-Urlaub.de. On the return flight, an unexpected problem arose: the travellers had not applied for an Electronic Travel Authorisation (eTA) for Canada, even though their return flight to Europe had a stopover there. As it was impossible to apply for and obtain an eTA at short notice at the airport, they missed their boarding. Under considerable time pressure and stress, those affected had to organise alternative and much more expensive return flights themselves and pay for them themselves.
Legal assessment: The tour operator was accused of failing to provide adequate information about the need for an eTA for transit through Canada for two reasons: firstly, this information about the eTA was only included in the booking confirmation. This does not comply with the Package Travel Act, as the information should have been provided before the contract was concluded. Secondly, the information about the need for an eTA in the section on the outward journey from Vienna to Frankfurt was unexpected and therefore hidden, in accordance with Section 864a of the Austrian Civil Code (ABGB). In an out-of-court settlement, the tour operator ultimately agreed to pay half of the flight costs, amounting to approximately €1,000.
Findings from the problem cases
Incorrect information provided by travel companies can lead to considerable costs. Especially in the case of less common combinations of nationalities (e.g. from smaller third countries outside the EU), staff at the gates or check-ins are not sufficiently informed about special entry requirements and exceptions and, in case of doubt, decide "to be on the safe side" against the travellers. The only remedy (apart from entry requirements and exceptions and, in case of doubt, will decide against the travellers "for safety's sake". The only remedy (apart from having your documents in order!) is to be aware of any exceptions that apply to you and to be able to prove them quickly if necessary. Otherwise, you could be unjustifiably denied boarding.
Travel agencies and tour operators sometimes provide insufficient information, which in turn leads to inadequate entry documents or missing digital authorisations. If this happens with your package holiday, you should be aware of your tour operator's emergency hotline and call it. This emergency service should offer you an alternative solution. If you are left out in the cold, you can take comfort in the fact that you can contact the ECC to at least obtain financial compensation retrospectively.
Travel insurance against problems with entry requirements?
Whether travel insurance covers damages caused by missing or incorrect visas or ETAs depends on the insurance terms and conditions. As a general rule: Traditional travel insurance policies (e.g. travel cancellation or travel interruption insurance) do not cover such cases, as it is the responsibility of passengers to have the correct entry documents. Insurers explicitly exclude such cases in their terms and conditions, as it is the responsibility of passengers to have the correct entry documents. do not cover such cases, as it is the responsibility of passengers to have the correct entry documents. Insurers explicitly exclude in their terms and conditions all damages attributable to missing or incorrect visas/ETAs.
Does insurance help?
Business travel insurance or special travel insurance add-ons offer extended coverage that could cover costs in the event of entry refusal, but this is rather the exception. Some insurance companies may cover rebooking costs or additional accommodation costs if a visa issue is through no fault of the travellers. exception! Some insurance companies may cover rebooking costs or additional accommodation costs if the visa mishap was through no fault of the traveller .
If a travel agency or agent has provided incorrect or insufficient information about visa requirements and those affected suffer financial loss as a result, the travel company may be liable. In this case, the person affected would have to assert their claims directly against the travel company. If you have legal expenses insurance and the tour operator or travel agency does not meet the compensation claims, it is worth contacting this legal protection.
In short
Individual travel
- Travellers bear full responsibility for correct travel documents (visas, ETAs).
- Airlines refuse boarding in the event of errors
- Information provided by airlines is general and voluntary; it is always better to do your own research.
Package holidays_
- Tour operators and travel agents have comprehensive information obligations.
- Tour operators are liable for errors or lack of information
- In case of problems, use the emergency hotline and assert your claims.
Please also note
- Entry requirements are complex, require thorough preparation and often involve completing digital entry formalities (eTA, e-visa) in advance. Inaccuracies will not be tolerated. Find out what you need to know and apply early!
- It is advisable to double-check information and be able to substantiate any exceptions.
- Entry requirements may change at short notice; package travellers must be informed of this by tour operators, but individual travellers by transport companies do not have to be informed.
- Travel insurance does not usually help with visa or ETA issues.
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