Kenya Airways refund and voucher issues

myles0504

I had flights cancelled back in April 2020 due to COVID-19, with Kenya Airways. At the time even though I opted to get a full refund I was given travel vouchers with the value of the flights (£1,208). Whilst I would've preferred the refund, I was also planning to fly with them again at a later date. I have now come to use the vouchers on flights which cost £985, however, Kenya Airways are now saying that when I use the voucher I will lose the remaining £223 of the voucher. How can this be fair or legal? Does anyone have any advice? 

bagand96

You were entitled to a full refund, however if you have accepted vouchers, you may have unwittingly accepted the T&Cs that come with them.  Did you actually accept them, or just not chase up your refund any further (thus accepting them by default?)

Only advice I'd offer is either try again for your cash refund, if that doesn't work, are there any extras you can add to the booking to use up the £223? Extra leg room seats or something?

myles0504

@bagand96 thanks for your response. I guess accepting them by default. I couldn't find anywhere that said I would be entilted to a full refund for Kenya Airways flights as everything I could see was referring to EU legislation and wasn't sure if that would apply. I couldn't see if it applied to the person booking being an EU citizen, booking it from the UK, or whether the airline had to be based in the EU?

That is our fall back plan, but would rather not spend the extra money if I can avoid it.

bagand96

If the flight was departing from the EU, then EC261 applies and therefore the airline owe you a refund for the cancellation.

That said, regardless of EC261, more basic contract law applies.  You paid them for the service, they didn't provide it, so you're entitled to your money back.  Go back to them and ask for a refund for the cancelled flights, the only trouble you may have is if they consider you to have accepted the voucher.

myles0504

@bagand96 Do you know if the time to use the voucher elapses (e.g. 24 months), do you get a refund for on that voucher? I guess the downsides to this are Kenya Airways might go bankrupt and can't pay, and you have to wait 24 months to get any value from the voucher.

bagand96

myles0504 said:

@bagand96 Do you know if the time to use the voucher elapses (e.g. 24 months), do you get a refund for on that voucher? I guess the downsides to this are Kenya Airways might go bankrupt and can't pay, and you have to wait 24 months to get any value from the voucher.

It would depend on the conditions of the voucher the airline have issued.  For Travel Agencies/Tour Operators based in the UK, ABTA and ATOL came to an arrangement where they issued protected Refund Credit Notes (RCNs) that were ATOL protected and can be changed into a refund when they expire.  

However this doesn't apply to airlines, and I haven't heard of any airlines doing similar.  Most of the time it'll just be a voucher with an expiry date.

myles0504

@bagand96 thanks for all your advice. I have more questions though:
I have a flight booked for Saturday 7th November. Can anyone explain these new rules? I am not flying to work and don't know what "legally permitted" means?
"Developments in the coronavirus pandemic remain uncertain around the world. No travel is risk-free. If you do need to travel abroad before 2 December (and are legally permitted to do so, for example, because it is for work), even if you are returning to a place you’ve visited before, you should look at the rules in place at your destination, the Foreign, Commonwealth and Development Office (FCDO) travel advice and the current travel corridor list.