Do airlines have the right to check Schengen visas on intra-Schengen flights?
I was flying with a minor airline called SmartWings which didn't have online check-in, on a route between Spain and Czech Republic. At the check-in desk, my friend presented his (non-Annex II) passport without a visa (he had a residency permit) and the airline employee requested that he show his visa as well. As this was an intra-Schengen flight, I tried to argue that no visas are needed and therefore the airline shouldn't demand to see them. However as we didn't want to fight it to the bitter end, my friend surrendered and showed his EU residency card.
So who was right in this situation? Do airlines have the right to demand to see visas on intra-Schengen flights?
Links to relevant EU/Schengen laws would be appreciated to avoid speculation.
Best Answer
The Schengen rules imply that governments may not conduct routine passport and visa checks for travel between member states, except in extraordinary circumstances and by invoking special procedures (which several member states have currently done due to the "refugee crisis").
Presumably this also mean that governments cannot require private transportation operators to conduct such checks (again, unless border controls have not been temporarily re-introduced).
However, the Schengen rules do not forbid private transportation operators from deciding for themselves that they want to conduct such checks for whichever ineffable reasons they might have. If there's anything that legally prevents an airline from demanding passports of their passengers on Schengen-internal flights, it would be found in national legislation of the state where the demand is made (or, potentially, the state where the ticket is bought or whose law otherwise apply to the contract), not in the general Schengen rules complex.
In the absence of any rules that restrict what airlines can do, they can do whatever they find to make business sense.
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Is there passport control when flying between Schengen countries?
The Schengen area comprises 26 European countries. There is normally no passport control on the borders between these countries. If you have a valid visa or residence permit in one of these countries, you can also visit the other Schengen countries.Do they check passports between EU countries?
Any person, irrespective of nationality, can travel between Schengen countries without going through border checks. However, national authorities can carry out police checks at borders between these countries and in border areas.Can you travel within Schengen without visa?
How long can I stay without a visa in the Schengen area? You can stay 90 days in any 180-day period within the Schengen area. calculated individually for each of these states. For instance, after a 90-day stay in the Schengen area, the person can immediately travel to Croatia and stay for another 90 days there.Do you need a visa for connecting flight in Europe?
If you are traveling through an airport in the Schengen area, even if you are not leaving the terminal, you may need to obtain a Schengen Airport Transit Visa. The requirements stipulating your entry into a Schengen Airport as a third-country national are determined by your resident status and citizenship.THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV
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