‘I was kicked off a plane for having a nut allergy’
Every Tuesday we answer your financial problems or consumer disputes. This week, we spoke to Isla, who was kicked off a plane for having a nut allergy.
Isla said: “I was recently thrown off a Turkish Airlines flight due to my severe nut allergy. Despite telling them this ahead of time, after I boarded the flight they made me disembark. The airline refused to stop serving nuts on the four-hour flight. I ended up booking another flight with British Airways – which was brilliant – but now Turkish Airlines is refusing to refund my original flight.
“They say I didn’t turn up at all, despite me having a baggage tag and boarding pass showing I did. I have tried to do a chargeback with Amex, but this was also initially declined because Turkish Airlines told them I didn’t show up, so it’s my fault for not taking the flight.”
Megan Harwood-Baynes, cost of living specialist, says…
Flying is stressful enough without the added worry of an allergy meaning you get kicked off the plane.
You sent me the correspondence you had with Turkish Airlines, which I can see had largely gone unanswered. It was particularly frustrating that the airline was now trying to claim you didn’t show up for the flight – you even showed me a receipt from a bar that was on the departure side of the airport, as well as text messages between your family, with photos, that documented your experience.
You told me you tried to take your complaint to the Civil Aviation Authority, but because the airline is not UK-based, they could not help you.
This has left you out of pocket to the tune of the £544 original flight and £903 you had to spend on the last-minute British Airways ticket.
‘Airline cannot chuck you off’
Helen Dewdney, aka the Complaining Cow, told me you were entitled to a refund for the flight, which you could not take through no fault of your own.
“It’s my understanding an airline cannot chuck you off for having an allergy,” she said.
She is certainly correct – according to Anaphylaxis UK, under UK law and EU regulations, passengers with medical conditions (including food allergies) must not face discrimination. Airlines should make reasonable accommodations to support you if you have a medical requirement.
That being said, each airline sets its own rules, and because there is no one standard it can be really confusing. This also isn’t the first time Turkish Airlines has done something like this. In 2022, a family told The Independent they were all kicked off the flight because of their six-year-old daughter’s allergy.
A spokesperson for the UK Civil Aviation Authority told me: “Anyone who believes that they were incorrectly refused boarding should complain to the airline in the first instance.
“If unsatisfied with the airline’s response, the complaint should then be escalated to the appointed alternative dispute resolution provider.
“The provider will assess the details of the case and deliver an independent and binding decision that the airline must abide by.”
What did Turkish Airlines say?
The airline’s own website states it “cannot ensure our aircraft is free of nuts, such as hazelnuts and peanuts”.
“The meals and treats served on our flights may include hazelnuts, or peanuts and other foodstuffs,” the T&Cs say.
“If passengers with hazelnut and peanut allergies state their allergies via Turkish Airlines sales channels up to 48 hours before their flight, an allergen-free menu will be made ready for the passenger. The menu will be exclusive for the passenger with the food allergy and there shall be no changes in the menus served to the other passengers.
“However, we cannot guarantee that other passengers will not bring foodstuffs containing nuts, and nut particles may spread in the aircraft during the flight through the air conditioning system.”
So what can be done?
I contacted Turkish Airlines and Amex to find out the status of your complaint and see if they were any closer to resolving this issue for you.
Turkish Airlines did not reply to my request for answers, but within 48 hours of me reaching out to them, they finally replied to your complaint (I’ll let you decide if that’s a coincidence or not).
They offered you a full refund of your flight (£524), which they said would be back in your account within a week, as well as a cheque for €600 – equivalent to roughly £500 – in compensation.
However, we touched base over a month after Turkish Airlines said they had refunded the original flight amount to your credit card – you said it still hadn’t arrived, but they disputed this. You even sent them copies of your credit card bill.
I emailed them again – two days later, you were finally sent the refund for your flight (£524). The £500 they have said they will pay in compensation has yet to be received.
Amex also did not reply, and says the dispute has been closed.
My only advice going forward would be to really consider which airline you are flying with if you have an allergy – it seems some are much more accommodating than others, and there is not much recourse for forcing compensation – even though in this case even the airline agreed you are due it.
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
- WhatsApp hereOr email moneyblog@sky.uk