{"id":364033,"date":"2026-08-05T06:02:09","date_gmt":"2026-08-05T06:02:09","guid":{"rendered":"https:\/\/www.europesays.com\/africa\/364033\/"},"modified":"2026-08-05T06:02:09","modified_gmt":"2026-08-05T06:02:09","slug":"gauteng-family-sues-qatar-airways-for-over-r2-million-after-being-denied-flight-to-japan-over-visa-typo","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/africa\/364033\/","title":{"rendered":"Gauteng family sues Qatar Airways for over R2 million after being denied flight to Japan over visa typo"},"content":{"rendered":"<p><a href=\"https:\/\/iol.co.za\/saturday-star\/news\/2025-08-23-their-window-seats-lacked-windows-now-theyre-suing-the-airlines\/\" rel=\"nofollow noopener\" target=\"_blank\">A Pretoria family has instituted legal proceedings against Qatar Airways<\/a>, seeking more than R2 million in damages after they were allegedly prevented from boarding a business-class flight to Japan because of what they describe as a minor typographical error on one passenger&#8217;s electronic visa.<\/p>\n<p>Barend Minnaar Hefer van der Merwe, his wife, Johanna Martha van der Merwe, and their disabled adult daughter, Michelle van der Merwe, have filed a lawsuit in the South Gauteng High Court in Johannesburg.<\/p>\n<p> They claim the airline wrongfully refused to allow them to board their flight from OR Tambo International Airport to Tokyo, via Doha, on December 14, 2025, despite holding business-class tickets and what they contend were valid travel documents.<\/p>\n<p>The dispute centres on the man&#8217;s Japanese electronic visa, which allegedly contained a typographical error in the spelling of his middle name. Although his middle name is &#8220;Minnaar&#8221;, the visa reportedly reflected it as &#8220;Miinnaar&#8221;.<\/p>\n<p>The family alleges they informed Qatar Airways staff that the error was insignificant because the visa was clearly related Barend and his identity could easily be verified using the photograph on the visa together with his South African passport, as well as his identity document and driver&#8217;s licence.<\/p>\n<p>Despite these explanations, the family claims the airline refused to allow all three passengers to board. According to the court papers, they were removed from the boarding process after their luggage had already been checked in, instructed to correct the visa and rebook their flights, and forced to wait approximately eight hours before their baggage was returned.<\/p>\n<p>In their court papers, the family argued that the airline acted unreasonably by refusing carriage based on what they describe as a trivial discrepancy when the passenger&#8217;s identity could readily have been confirmed. They further contend that, even if the father had lawfully been refused boarding, there was no justification for preventing the mother and daughter from travelling because their travel documentation complied with all applicable requirements.<\/p>\n<p>The family is seeking R92,333.45 in financial damages allegedly resulting from the incident. The claimed losses include R46,599 spent on rebooking flights that departed three days later, more than R26,900 in accommodation losses, and almost R18,900 in cancellation fees for prepaid accommodation in Japan.<\/p>\n<p>In addition, they are claiming R2 million in damages for the alleged impairment of their dignity.<\/p>\n<p>They allege they were publicly embarrassed and humiliated in front of fellow passengers and airport staff after being removed from the boarding process. They further claim they suffered emotional distress and anxiety, while Michelle, who has Aarskog syndrome, allegedly experienced heightened distress because of her disability and vulnerability.<\/p>\n<p>Qatar Airways denies liability<\/p>\n<p>In its plea, Qatar Airways denied liability for the family&#8217;s claims and disputes the allegations contained in the summons. The airline denied breaching its contract of carriage, denied acting wrongfully or unlawfully, and rejects the family&#8217;s entitlement to the damages claimed.<\/p>\n<p>Qatar Airways argued that, under the terms of its contract of carriage read together with the Montreal Convention, passengers are strictly required to comply with all immigration laws, regulations and entry requirements of their destination country. It contends that visa details must correspond exactly with a passenger&#8217;s travel documents and that the error on Barend&#8217;s visa rendered it invalid for travel to Japan.<\/p>\n<p>The airline further submitted that its contract of carriage expressly entitles it to cancel reservations and refuse carriage to passengers who do not possess the required documentation or were doing so is necessary to avoid breaching the immigration laws of a destination country. It maintains that responsibility for ensuring compliance with those requirements rests solely with the passenger.<\/p>\n<p>Qatar Airways also disputed the family&#8217;s assertion that all three passengers were denied boarding. It stated that Johanna and Michelle both held valid travel documents and were permitted to board the flight, but they chose not to travel without Barend.<\/p>\n<p>With regard to the R2 million claim for impairment of dignity, the airline argued that the Montreal Convention provides the exclusive legal framework for claims arising from international carriage by air. It contends that any claim for damages, regardless of how it is framed, must be brought within the Convention&#8217;s conditions and liability limits, thereby excluding the family&#8217;s common-law delictual claim.<\/p>\n<p>However, the family said that their claim for impairment of dignity should be assessed under South African common law. They argued that the claim for impairment of dignity falls outside the scope of the Montreal Convention. Instead, they argue that the claim is based on South African common law, informed by the constitutional right to human dignity<\/p>\n<p>The further argued that the Montreal Convention does not provide a remedy for impairment of dignity arising before embarkation and that they are therefore entitled to pursue a common-law claim informed by constitutional rights to dignity.<\/p>\n<p><a href=\"https:\/\/iol.co.za\/cdn-cgi\/l\/email-protection\" class=\"__cf_email__\" data-cfemail=\"3142585f545f595d505f595d501f5c5042585d545d5071585e5d1f525e1f4b50\" rel=\"nofollow noopener\" target=\"_blank\">[email\u00a0protected]<\/a><\/p>\n<p>IOL News<\/p>\n<p>Get your news on the go, click\u00a0<a href=\"https:\/\/whatsapp.com\/channel\/0029Vb1W9gJ6xCSOTq9fup08\" target=\"_blank\" rel=\"noopener nofollow\">here to join the IOL News WhatsApp channel.\u00a0<\/a><\/p>\n<p>.<\/p>\n","protected":false},"excerpt":{"rendered":"A Pretoria family has instituted legal proceedings against Qatar Airways, seeking more than R2 million in damages after&hellip;\n","protected":false},"author":2,"featured_media":364034,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[52],"tags":[174487,174499,174491,44812,174500,174486,174495,21440,4921,46031,5645,124628,124627,7265,174489,174498,573,157771,174497,174488,174494,174490,174492,4090,174496,589,17796,57469,131,3513,22637,22696,166675,174493,5586],"class_list":["post-364033","post","type-post","status-publish","format-standard","has-post-thumbnail","category-south-africa","tag-866ajk","tag-aarskog","tag-aarskog-syndrome","tag-airline","tag-barend","tag-barend-minnaar-hefer-van-der-merwe","tag-carrier-rights","tag-doha","tag-gauteng","tag-gauteng-high-court","tag-high-court","tag-https-whatsapp-com-channel-0029vb1w9gj6xcsotq9fup08","tag-iol-news-whatsapp","tag-japan","tag-japanese","tag-johanna-martha-van-der-merwe","tag-johannesburg","tag-merwe","tag-merwe-preclusion-under-montreal-convention","tag-michelle-van","tag-michelle-van-der-merwe","tag-miinnaar","tag-montreal-convention","tag-or-tambo-international-airport","tag-passenger-denial-of-offloading-wife","tag-pretoria","tag-qatar-airways","tag-sinenhlanhla-masilelaiol-co-za","tag-south-africa","tag-south-african","tag-south-gauteng-high-court","tag-tokyo","tag-van","tag-van-der","tag-van-der-merwe"],"share_on_mastodon":{"url":"","error":"Validation failed: Text character limit of 500 exceeded"},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/posts\/364033","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/comments?post=364033"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/posts\/364033\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/media\/364034"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/media?parent=364033"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/categories?post=364033"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/africa\/wp-json\/wp\/v2\/tags?post=364033"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}