
On may 13, 2020, a regular court session was held in the Turksib district court of Almaty on the case of refund of the cost of tickets to its customers by the airline "Bek Аir"JSC.
The claim is submitted by the consumer protection Committee of the Ministry of trade and integration of the Republic of Kazakhstan .
The representative of the Respondent does not recognize the claim of the Committee, arguing that the tickets were purchased by customers at a special rate - these are so-called non-refundable tickets. Usually, under the terms of airlines, the cost of tickets purchased at a special fare is not refunded if the passenger did not fly to the destination through their own fault (late, failed to register, did not Board the plane, etc.).
However, in this case, the passengers did not fly due to the fault of the airline. In addition, in accordance with the Law "About use of airspace of the Republic of Kazakhstan and activities of aircraft" (article 86) and Rules of carriage of passengers, baggage and cargo by air transport (p. 38) when the cancellation or delay of flight by the carrier for a period exceeding 10 hours, the carrier is obliged by choice of the passenger:
1) ensure that the passenger is transported on the nearest flight to the destination indicated on the ticket;
2) refund the passenger the full ticket price.
(Reference. The rules were approved by the order of the Minister for investment and development of the Republic of Kazakhstan dated 30.04.2015
Therefore, the KPPC will continue to take measures to restore violated rights and return funds to citizens.
Also, at the request of the KZPP, the judge requested "Bek air" to provide evidence for the next meeting about the paid 300 million tenge.
The next meeting is scheduled for may 19, 2020.
As of may 13, 2020, KZPP represents the interests of 670 consumers who purchased 1,267 tickets worth over 44 million tenge.
The requirements of the Committee on the claim:
1. Recognize the right of consumers of services of JSC "Bek air" to refund the full cost of previously purchased tickets for flights that were canceled through no fault of the consumer.
2. Force the Respondent to reimburse the full cost of previously purchased tickets for flights that were canceled through no fault of the consumer.
3. Recover from the defendant the amount paid for air tickets in favor of consumers.