Statement of Facts (Concise Version)
On 11 March 2026, a confirmed booking for air carriage was made with Vueling Airlines in the name of ALEKSANDR KAZAKEVICH (booking reference IMMT5N), for flight VY7851 on the route Istanbul (IST) – Barcelona (BCN), scheduled for 12 March 2026 (departure 19:20, arrival 21:00). The ticket price of EUR 185.99 was fully paid.
During booking, the passenger provided details of the travel document — an Israeli Provisional Passport / Travel Document in lieu of national passport (No. 39****39, valid until 04 June 2028). These details were accepted by the airline’s system without any objections.
On 12 March 2026, the passenger arrived at Istanbul Airport, successfully completed check-in, and was issued a boarding pass (seat 3B, boarding group 1). This confirms that the airline accepted the passenger for carriage, verified the travel documents, and completed all pre-flight formalities.
However, at the boarding gate, Vueling representatives refused boarding. The refusal was communicated verbally and justified by reference to an alleged “company policy regarding Israeli citizens” and concerns about the travel document. No written explanation or formal denied boarding notice was provided despite repeated requests.
The refusal was unjustified. The Israeli Provisional Passport used by the passenger is officially recognized as a valid travel document for entry into Spain. This is confirmed by:
an official letter of the Consular Section of the Embassy of Spain in Israel dated 18 May 2023, stating that no visa is required for short stays in Spain for holders of such documents;
the official Schengen Borders Code table (version of 16 March 2026), which contains no restrictions for Spain regarding this type of Israeli travel document.
Moreover, the document contains multiple Schengen entry stamps, including from Spanish border authorities (Barcelona, Valencia, Catalonia), confirming prior lawful use for entry into Spain. Airline staff inspected the document multiple times and were aware of these facts.
The circumstances of the refusal are supported by photo and video evidence as well as witness statements, including other Israeli citizens who were also denied boarding.
As a direct result of the refusal, the passenger was forced to purchase an alternative ticket with Turkish Airlines (flight TK1851, Istanbul–Barcelona, departure 22:00). The cost of the replacement ticket was USD 1,856.00 (TRY 89,568.32). The flight was completed, as confirmed by the boarding pass.
Thus, despite a valid contract of carriage, full payment, successful check-in, and issuance of a boarding pass, Vueling Airlines refused to perform the transportation without lawful grounds, thereby preventing the passenger from boarding the flight.
Legal Qualification (Compressed)
Vueling’s conduct constitutes:
Unjustified denied boarding under Regulation (EC) No 261/2004 (flight from a third country to the EU operated by an EU carrier);
Failure to fulfill contractual obligations, as the contract of carriage was concluded, paid, and partially performed (check-in), but not executed;
Violation of consumer rights, including failure to provide mandatory information and assistance;
Potential discrimination based on nationality, contrary to Spanish law (Ley 15/2022) and EU fundamental principles;
Unfair commercial practice, as the airline accepted payment, completed check-in, and issued a boarding pass before refusing carriage without transparent and verifiable justification.
The airline also failed to:
provide written notice of denied boarding,
inform the passenger of rights under EU law,
offer re-routing or refund at the time of refusal.
Conclusion
The refusal of carriage was arbitrary, unsupported by valid legal grounds, contrary to official consular and Schengen rules, and inconsistent with both EU passenger rights regulation and Spanish consumer and anti-discrimination law.
Accordingly, the incident qualifies as unjustified denied boarding, entitling the passenger to compensation, reimbursement of expenses, and damages.
