Are you flying to a non-Schengen country with a stopover in a Schengen country? You need a Schengen transit visa or your flight could be cancelled. If your ticket is non-refundable, you could end up losing your money. This is exactly what happened to Maharshi Yadav, a 25-year-old student who was heading to Canada for higher studies. On April 13, 2022, he was stopped at the Mumbai airport and was unable to board his flight to Toronto. The reason? He did not have a Schengen transit visa, which was required for his flight stopovers in Munich and Frankfurt, Germany. Yadav had no idea that a visa was required for these stopovers, leaving him stranded at the airport and unable to continue his journey.
Yadav filed a complaint with the Gandhinagar District Consumer Disputes Redressal Commission, alleging that Lufthansa, the German airline operating his flight, had failed to inform him about the need for a Schengen visa. According to Yadav, as reported by The Indian Express, the airline should have informed passengers about the need for a transit visa for any stopover in the Schengen area, and the failure to do so resulted in him missing his flight and suffering financial loss.
Yadav had initially booked his flight from Mumbai to Toronto on February 23, 2022. However, after he was stopped at the airport on April 13, 2022, he was forced to buy another ticket the next day on an Emirates flight via Dubai, which cost him Rs 1,70,576. Yadav sought compensation from Lufthansa for the original ticket cost of Rs 67,612, along with the additional expense of the Emirates ticket.
In its defence, Lufthansa argued that it was the passenger’s responsibility to be aware of and comply with visa requirements. The airline claimed: “The ticket was non-refundable and the fact that the plaintiff did not obtain a Schengen visa was not the airline’s fault.”
Court ruling
However, on September 6, 2024, the consumer commission ruled in Yadav’s favour, IE reported. In its order, the commission directed Lufthansa to compensate Yadav Rs 1 lakh for the mental anguish he suffered due to the situation, besides refunding the original cost of the flight ticket of Rs 67,612. The commission’s order read, “The complainant is entitled to recover the amount for the mental pain and suffering from the opponent.”
Yadav’s lawyer, Sunil Chhabaria, told IE: “The court found it appropriate to award compensation for mental anguish caused by the airline’s negligence. My client had to seek alternative travel plans at the last minute, which caused him unnecessary stress.”
While Yadav was lucky enough to get his money back thanks to the court’s decision, you may not be so lucky and there is the added mental stress that comes with such issues. To avoid finding yourself in a similar situation, here’s what you need to know:
What is a Schengen visa?
The Schengen area is an area made up of 27 European countries that have abolished border controls at their mutual borders, allowing free movement between Member States. However, travellers from non-EU countries, such as India, must obtain a visa even to transit through a Schengen country.
A Schengen transit visa allows passengers to transit through an airport within the Schengen area without entering the country. This visa allows passengers to remain in the international transit area of an airport during their stopover, but does not allow them to leave the airport.
Who needs a Schengen transit visa?
Indian citizens generally need a Schengen transit visa if their flight has a stopover in a Schengen country. However, there are some exceptions, such as:
— Indian citizens holding valid visas or residence permits from Schengen member states, the United States, the United Kingdom, Canada or Japan.
— Diplomats or persons with official passports
— Indian citizens holding valid residence permits for countries such as Andorra, Monaco or San Marino
Travelers who fall into any of these categories will not require a transit visa.
Documents required to obtain a Schengen transit visa
According to the German Missions in India, the following documents are usually required to apply for a Schengen transit visa:
— A completed and signed Schengen visa application form
— A valid passport with a validity of at least three months beyond the intended stay
— A recent biometric passport photograph (35 x 45 mm)
— Proof of medical insurance with coverage of at least €30,000
— Flight reservation for the final destination
— Visa or residence permit for the final destination, if applicable
— Personal cover letter explaining the details of the trip.
Cost of Schengen transit visa
The fee for a Schengen transit visa is usually €90 (Rs 8,400), although this can vary depending on the country of application and processing fees at the embassy or consulate, according to VFS Global (a visa made easy).
Where can I apply for a Schengen transit visa?
To apply for a Schengen transit visa, you must apply at the embassy or consulate of the country where you will be making your stopover. In Yadav’s case, since his stopover was in Germany, he would have had to apply through the German consulate.
Visa on arrival and other regulations
According to the European Commission, unlike other regions, Schengen countries do not offer visas on arrival for transit purposes. Travelers must apply for and obtain the necessary transit visa well in advance of their trip. The visa application process can take up to 15 days, and in some cases up to 30 or even 60 days. Therefore, it is advisable to apply at least a few months before the intended date of travel.
Validity of Schengen transit visa
A Schengen transit visa allows passengers to stay in the international transit area of the airport for a maximum of 24 hours. If your stopover exceeds this period or you need to leave the airport, you will need to apply for a regular Schengen visa.
How to avoid future problems
For Indian citizens planning to transit through the Schengen area, it is important to check visa requirements well in advance. Passengers should be aware that transit visas are required, even if they are simply transferring in a Schengen country. To avoid problems like the one Yadav experienced, make sure you have all the necessary documentation in order before you travel.
Schengen Area Countries
As of September 2024, the Schengen area will include the following 27 European countries:
1. Austria
2. Belgium
3. Croatia (joined in January 2023)
4. Czech Republic
5. Denmark
6. Estonia
7. Finland
8. France
9. Germany
10. Greece
11. Hungary
12. Iceland
13. Italy
14. Latvia
15. Liechtenstein
16. Lithuania
17. Luxembourg
18. Malta
19. Netherlands
20. Norway
21. Poland
22. Portugal
23. Slovakia
24. Slovenia
25. Spain
26. Sweden
27. Switzerland
Bulgaria and Romania are members of the EU, but are still awaiting full Schengen accession.
When transiting through any of these countries, be sure to comply with visa requirements to avoid travel disruptions.
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