Cancelled – where’s the full refund?

I HAVE just read your Consumer Watch article regarding travel vouchers and refunds. Wonderful article!

I see that your email address is attached to the article for communication with you. Thank you for this opportunity.

I would love to hear your opinion before I respond to the email I received from the airline. With regard to some background, I had booked plane tickets to travel with my brother to Thailand earlier this year.

Unfortunately, with the novel coronavirus, we were unable to travel due to safety precautions. My brother was diagnosed with a kidney disorder which meant that it would be highly detrimental if he contracted Covid and additionally, the travel ban was enacted in South Africa, which would prevent travel.

When I cancelled the airline tickets, there was no policy in play with the airline (only the policy which gives a refund subject to a cancellation fee). The policy was only enacted a few days later, which allowed travellers to move their travel dates free of charge or to be issued with a credit voucher. I would have accepted either of these but when I cancelled none of these were available.

I was forced to cancel due to a deadline given by the airline. I would have lost my entire fare if I didn’t cancel. It just so happens the night I cancelled was the night the travel ban was announced.

The airline is now refusing to refund me the cancellation fee on my tickets purchased, which amounts to approximately R6 000.

I have been disputing this for many months and argued that the cancellation was beyond my control and requested a full refund, but the airline doesn’t seem to agree due to the fact that the credit policy or policy to extend my dates were both inactive when I cancelled.

The airline would have accepted me to travel, but South Africa would not have released me. Additionally, my brother was unable to travel by doctor’s orders. Yet, we are still penalised due to a policy that the airline is so strictly following.

Do you think I should continuously argue this and take it further with the airlines’ senior management? Also, are there any relevant sections of the Consumer Protection Act at my disposal?

I’ve read that all Australian citizens were entitled to refunds in full with no questions asked due to the effect of their legislation. Do South Africans have any legislation to stand on against the arbitrary application of airline policies?

I appreciate the read and would love to hear from an expert regarding my circumstances.

Georgie: The CPA says a supplier may deduct a reasonable cancellation penalty. If your brother was hospitalised, the CPA says he would be due a full refund. He is also in a high-risk group, so would have been unable to travel.