YM
Yonela M

1 reviews | Active since Nov 2020

18 Nov 2020, 12:55

UNREASONABLE CANCELLATION FEES

I booked a return ticket from TravelStart from Johannesburg to Port Elizabeth for the 4 December for R1678.00. Ref ZA***6. I made an attempt to cancel this a month in advance and they are telling me that my refund amount is a ridiculous R263.00. Upon further enquiry with Travel Start on this matter quoting Section 17 of the CPA affords the consumer a right to cancel a reservation, booking or order for goods (other than special goods) and a reasonable cancellation fee may be imposed by the supplier. This is what Section 17 states. 17. (1) This section does not apply to a franchise agreement, or in respect of any special-order goods. (2) Subject to subsections (3) and (4), a consumer has the right to cancel any advance booking, reservation or order for any goods or services to be supp****. (3) A supplier who makes a commitment or accepts a reservation to supply goods or services on a later date may— (a) require payment of a reasonable deposit in advance; and (b) impose a reasonable charge for cancellation of the order or reservation, subject to subsection (5). (4) For the purposes of this section, a charge is unreasonable if it exceeds a fair amount in the circumstances, having regard to— (a) the nature of the goods or services that were reserved or booked; (b) the length of notice of cancellation provided by the consumer; (c) the reasonable potential for the service provider, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation; and (d) the general practice of the relevant industry. (5) A supplier may not impose any cancellation fee in respect of a booking, reservation or order if the consumer is unable to honour the booking, reservation or order because of the death or hospitalisation of the person for whom, or for whose benefit the booking, reservation or order was made. I am arguing that Airlink cancellation fee is unreasonable and therefore ******* based on the Fact that I had given the notice to cancel close to a month in advance giving the booking agency Travel Start and the air line company more than enough time to find an alternative customer. I put it to you that there was more than enough time to diligently apply your mind on this matter but because you steadfast in chasing profits you intentionally ignore your legal obligation to find alternative customers without abusing the cancelling consumer. This act is not only shameful but *******. I appeal to you to consider giving me a reasonable refund because I will not allow this to rest without fair and just result.

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Replies (1)
Travelstart
Travelstart's reply18 Nov 2020, 16:56
Official
 
Good day Yonela

Thank you for taking the time to provide us with your feedback.

I have gone through the sections provided above and also the correspondence of your previous enquiries regarding the penalty for cancellation.

 We understand your frustration in this regard and as mentioned on a call to you, we are bound by airline rules and when you proceeded to make a booking, our terms and conditions clearly state that you accept these and that of the supplier. 

According to Airlinks website the following relates to the subsections on section 17 :

 The service provider may however impose a reasonable cancellation charge, except for a cancellation as a result of death or hospitalisation. Some Tickets are sold at special fares which may be partially or completely nonrefundable. It is the Passenger’s responsibility to choose the fare and applicable fare rules best suited to their travelling needs and ensure that they fami****ise themselves with the fare rules and the terms and conditions of the Ticket – 4Z CoC Clause 3.1.6 (Tickets and Identification)

This information can be found on the airlines website  as well as on this link below :https://www.flyairlink.com/sites/default/files/inline-files/CPA%20overview%20-%2019%20June%202020.pdf 

I am sorry that you feel these fees are unreasonable , but we are unable to overrule this. 

I believe that the same communication was provided to you on various difference channels of communication as well. 

Wishing you a wonderful day further! 

Thank you and kind regards
Travelstart