In a recent legal decision, Qatar Airways has been ordered to refund Kenyan passenger Nelly Chepkorir a total of Sh172,650 after she was denied entry into Cyprus due to a lack of a visa. This incident occurred in 2022 when Chepkorir, who had purchased a ticket to attend her daughter’s graduation, was stranded in Doha after the airline refused to allow her to board her connecting flight.
On July 3, 2022, Chepkorir boarded a Qatar Airways flight at Jomo Kenyatta International Airport (JKIA) with plans to travel to Cyprus for her daughter’s graduation ceremony. Her journey involved a brief layover in Doha before proceeding to Ankara and then to Ercan International Airport in Northern Cyprus. However, upon reaching Doha, the airline informed her that she lacked the necessary visa to enter Cyprus and would not be allowed to board the connecting flight.
Despite assurances from both the Cyprus Consulate and the Kenyan embassy that Chepkorir, as a Kenyan passport holder, could obtain a visa upon arrival, Qatar Airways refused to let her proceed. Instead, they repatriated her back to Kenya, leaving her stranded without any assistance, such as accommodation, food, or transport, during her extended stay in Doha.
Following the ordeal, Chepkorir filed a complaint with the National Civil Aviation Administrative Review Tribunal, seeking justice for the disruption caused by the airline’s actions. The tribunal, led by Njaramba Gichuki, Valentine Khaminwa, Hassan Issack Hache, John Kiplagat Kiili, and John Ekale Aruma, examined the details of the case. The tribunal’s ruling was clear: Qatar Airways failed to fulfill its responsibility in verifying the visa requirements for Kenyan nationals traveling to Cyprus.
The panel pointed out that the airline did not provide any documentation to justify its refusal to allow Chepkorir to board the flight to Cyprus. Furthermore, they noted that a contract was established between Chepkorir and Qatar Airways upon her purchase of the ticket, and since she was unable to use the ticket for its intended purpose, she was entitled to a refund of the full fare.
“The Complainant did not utilize the ticket she had purchased from the Respondent (Qatar Airways) for the intended purpose. For this reason, the Complainant is entitled to get back the purchase price of the aborted journey. This amounts to Sh172,650,” said Gichuki, the tribunal chairperson.
The tribunal also criticized Qatar Airways for not ascertaining whether Kenyan nationals needed a visa to enter Cyprus, pointing out that the airline should have known about the visa requirements and provided accurate information to its passengers. This oversight, the tribunal argued, led to significant inconvenience for Chepkorir.
Despite the airline’s defense, where they claimed Chepkorir was responsible for obtaining the necessary travel documents, the tribunal upheld that Qatar Airways failed in its duty to ensure its passenger could make the trip without such hurdles. The airline’s claim that Chepkorir was not entitled to damages was also dismissed.
While stranded in Doha, Chepkorir made alternative travel arrangements with Turkish Airlines, who allowed her to travel to Cyprus through Istanbul, where she was able to obtain the necessary visa upon arrival. She ultimately arrived in Cyprus in time for her daughter’s graduation ceremony on July 6, 2022, but the ordeal had caused significant distress and inconvenience.
In addition to the refund of Sh172,650, Chepkorir had initially sought damages of Sh432,923.29, but the tribunal’s ruling focused solely on the ticket refund, which was a clear demonstration of the airline’s failure to provide the service she had paid for.
This ruling serves as a reminder to airlines of the importance of accurately informing passengers about visa requirements and ensuring they have the proper documentation for their journeys. With more passengers relying on airlines for international travel, ensuring smooth and transparent operations, particularly regarding entry requirements for various countries, is crucial to maintaining customer trust and satisfaction.
For passengers, the case highlights the need for vigilance in ensuring that all necessary travel documents, such as visas, are in order before embarking on international flights. At the same time, it underscores the importance of holding airlines accountable for their actions, especially when they fail to provide the services promised.
