The Kenya Airways was forced to refund a passenger Sh415,263 after he was denied entry into the plane despite him arriving at the airport and checking in on time.
According to the Competition Authority of Kenya, the national carrier was ordered to refund the money incurred on a ticket.
In a CAK document seen by the Star, the order came as a culmination of an investigation into a complaint by a passenger called Christopher on July 23, 2018.
According to the document, KQ over sold tickets from Kigali to Nairobi and as a result the passenger was not allowed to board the airline’s 7:40pm flight from Kigali to Nairobi, despite him arriving at the airport on time and checking in online.
The airline booked a Rwandair from Kigali to Nairobi but its timings resulted in him missing the British Airways flight that was connecting him from Nairobi to London.
The document revealed that a KQ staff in Kigali told the passenger that the airline would provide an alternative flight to enable him complete his trip to London.
But upon arriving in Nairobi, he was advised to pay for the KQ flight to London and subsequently apply for a refund.
He paid the Sh415,262.88 and completed his journey but his attempts to seek a refund from KQ have been unsuccessful.
This prompted the Authority to initiate investigations on the matter to determine if KQ had violated sections 55 (b) (v) and 56(1) (2) (a) (b) (e) and (d) of the Competition Act No 12 of 2010 which prohibits false or misleading representations and unconscionable conduct by a supplier of a product or service.
The document indicate that the airline denied any responsibility in the matter.
“They indicated that the complainant was denied boarding due to late arrival at the airport,” the document read.
“The national carrier also confirmed that overbooking/bumping is a common practice in the aviation industry given that some passengers confirm reservations but fail to show up for the flight,” it read.
As a result, Airlines run the risk of operating overcapacity.
However, regulations dictate that a consumer should be informed prior to being bumped that the flight has been oversold and the potential consequences of the same, including being offered a ticket for a later flight or compensation.
“The Authority as part of its investigations contacted the passengers who had accompanied the complainant, requesting them to give their witness account of what transpired. They corroborated the complainant’s version of events,” the authority said.
The Authority also considered other evidentiary information, including the complainant’s itinerary receipts and boarding passes.
“The Authority consulted the Kenya Civil Aviation Authority (KCAA which indicated that in instances where passengers are bumped from a flight, they should be informed of their rights and options, including being offered tickets for a later flight or compensation,” the document stated.
Based on the findings, the Authority determined that KQ used its higher bargaining position to deny the complainant boarding yet he had checked online and arrived on time, which is unconscionable.
CAK further established that the airline forced the complainant to comply with conditions that were not reasonably necessary.
“KQ used unfair tactics and undue pressure on the complainant, occasioning them to purchase another ticket on the promise that he will be refunded,” the document read.
“KQ made false and misleading representations concerning the existence of a right or remedy and knowingly provided false information to the Authority regarding the reasons as to why the complainant was denied boarding,” it read.
In view of the above, the Authority ordered the airline to refund the complainant his full amount and commit to be informing consumers of the reason for being involuntary denied boarding and be duty bound to remit appropriate compensation to affected consumers if bumping is inevitable.
The national carrier was also ordered to commit to be refunding consumers who have been denied boarding an amount equal to the cost the consumer incurred in procuring the ticket within 60 days from date a claim is lodged.
According to the document, at the time the determination was done on December 15,2020, KQ had complied with the Authority’s order.