The hundreds of disgruntled Mango passengers who were stranded at airports because the airline’s flights did not materialise can use the provisions of the Consumer Protection Act (CPA) to get their money back.
While Mango head office staff had to be evacuated to protect them from angry passengers on Wednesday, the airline could have more to worry about if consumers complain to the National Consumer Commission.
ALSO READ: SAA business rescue plan ‘puzzling’ and out of date
Section 47 of the CPA prohibits overselling and overbooking. Although the tickets were not oversold or overbooked, this section states that a supplier must not accept payment for any goods or services if the supplier has no intention of supplying it.
If the supplier – in this case Mango – is unable to supply the service on the specified date and time and unable to get another company to help, the supplier must refund the consumer with interest, calculated from the date of payment to the date when the money is paid back.
Although Mango was prevented from flying on short notice, it still accepted payment for a service it could not deliver. Consumers must, therefore, get their money back because no service was delivered.
Section 54 of the CPA also gives the consumer the right to expect that services, such as flights, be performed and completed in time and that they will be notified in good time of any delays.
ALSO READ: Mango apologises for OR Tambo flight delays
If the supplier fails to do that, it must refund the consumer a reasonable portion of the price paid, keeping the extent of the failure in mind.
The airline says on its website: “In the unlikely event that we can’t provide a seat for a confirmed booking, we will either refund all payments received… or place you on the next available Mango flight. However, we will not… accept any further liability for denied boarding, delayed flights or changes in flight schedules.”
inao@citizen.co.za
from The Citizen https://ift.tt/3ubVAsY
0 Comments