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Peacock Aviation taking legal action against Gambia carrier

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Nigerian Peacock Aviation company that worked as General Sales Agency (GSA) for the Gambian Mid Africa Aviation Company Ltd. that traded in Nigeria under the name Fly Mid Africa has petitioned the Gambian Government over the non-payment of passengers’ air ticket refunds before it exited Nigeria.


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The petition which was dated February 12, 2019 and also copied to the Nigerian High Commission in the Gambia through its legal counsel Abrahams Ayobami  & Co. stated: “We are Solicitors to Peacock Aviation and Allied Services Ltd. [henceforth referred to as ‘Our Client’], a company duly registered under the Laws of the Federal Republic of Nigeria with its registered address situate at No. 19, Mojidi Street, Off Toyin Street, Ikeja, Lagos State, Nigeria and on its instructions and behalf we write you this petition.

“Our client was appointed the General Sales Agent [GSA] of ‘MID AFRICA AVIATION LTD’ trading under the name ‘FLY MID AFRICA’ on 24th April 2017 when the said company commenced its Airline operations in Nigeria.”

According to the counsel, “Our client, among other things was to manage and operate a city office to sell tickets to customers, a task our client was able to achieve within a record time of four weeks of operation.”

The petition stated further that, “Upon commencement of operations of the Airline, the cash sales in our client’s custody was used to take care of operation fees such as Air Landing, Parking Fees, Passengers’ Service Charges, Nigerian Civil Aviation Authority [NCAA] Fees, Catering, and Crew Hotel Accommodations.”

“With the above looking promising, the Airline ran into issues with their flight schedules which led to the cancellation of February and March 2018 flights and finally suspension of operations until further notice.”

While the suspension was still on, the airline got instructions to commence refund of issued tickets to customers which was carried out until exhaustion of all the funds at hand by the GSA according to its counsel.

“Our client then made a request for funds to be released to liquidate the outstanding refunds but same has remained hitherto unmet by the management of Fly Mid Africa Airlines for over one year now.”

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The petition also has it that, there is still an outstanding refund of about Eleven million one hundred and fifty six thousand, six hundred and one naira fifty one kobo [₦11,156,601.51] and our client’s unpaid International Air Transport Association [IATA]/Billing Settlement Plan [BSP] Sales Overriding Commission of about Seven Million Naira [₦7,000,000] only with customers showing their grievances in all manners including laying siege to the GSA business premises and disrupting its activities.

Meanwhile, some have even threatened to commence legal actions against it; more so as customers are aware that tickets issued on the IATA BSP platform have been refunded and therefore query the reason for non-payment of their refunds.

Despite several email communications between our client and the said Fly Mid Africa Airline with reconciliation and adjustment of account settled between the parties, still the Airline has refused to release funds to pay innocent travelers their well-deserved refund even after leaving them stranded, disappointed and uncompensated, according to Chief Segun Phillips, Group Executive Chairman, Peacock Travels and Tours Limited.

However, in a bid to settle the matter amicably, the GSA wrote to the Nigerian High Commission in The Gambia to wade into the matter but was referred back to the Gambian Commission in Abuja as the right channel for resolving such issue.

As it stands, there is the total outstanding refund of about Eighteen million one hundred and fifty-six thousand six hundred and one naira fifty-one kobo [₦18,156,601.51] amounting to tickets refunds and GSA unpaid IATA BSP Sales Overriding.

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Korean Air abandons teens in South Korea

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Two unaccompanied teenage minors, ages 15 and 16, were left stranded in South Korea after being booted from their flight from Seoul to the Philippines before takeoff.

The sons of Rakesh and Prajakta Patel had gone to visit their grandfather in a hospital in Atlanta, Georgia, and were on the return journey to Manila, where their father is working a temporary job. They were making the transatlantic trip on their own.

The return trip began with a 14-hour Delta flight from Georgia to Seoul, South Korea. This first leg of the journey went fine, but their travel plans took a turn for the worse when the boys attempted to board a second flight from Seoul to Manila with Delta partner Korean Air as a result of one of the boys having a deadly peanut allergy.

Prajakta Patel, the mother of the teens, had informed Delta of her older son’s severe peanut allergy ahead of their big trip, so the brothers were shocked when a gate agent told them that peanuts would be served in the high skies. The boy’s allergy is so severe that even airborne particulates from peanuts could be extremely dangerous.

 

After explaining the situation, the teens were allegedly told that they could either take the flight or exit the aircraft and miss the trip. Though the Patel’s sons chose to board the plane, they were soon booted off.

“The gate agent came on the plane and told my sons to get off,” Mrs. Patel said. “One of my kids was shaking — they’re alone in a different country. Where were they supposed to go?” Mrs. Prajakta claimed that the gate agent even pulled on her son’s shirt “to encourage him to move” off of the aircraft.

Confused, the teens found themselves back in the gate area and told flight officials that they were willing to sit in the back of the plane with the brother with nut allergies wearing a mask. Despite their offer to compromise, a gate staffer reportedly told the boys that were not allowed to get back on the plane that was now “closed.”

Shaken, the boys called their parents, who tried to help them get to Manila without success. The mother spoke with a Delta representative who told her the boys could fly on a different carrier, however, not knowing other airlines’ nut policies, it was decided to fly the boys back to Atlanta, Georgia, on Delta.

Mrs. Patel is pushing for more than just an apology with the hopes that airlines will improve their employee education policies on nut allergies. She has filed a complaint with Delta and Korean Airlines and is reportedly seeking a refund.

Delta and Korean Air issued the following statements regarding the matter: “We’re sorry for this family’s ordeal, particularly during what is already a difficult time for them. Delta and our partner Korean Air are communicating with the family and examining the processes surrounding this incident; we will use our findings in our work to create a consistent experience for customers flying Delta and our partner airlines.”

A spokesperson for Korean Air, too, offered similar sentiments: “Korean Air is aware that peanut and food allergies are an industry issue and no airline can guarantee a food allergy-free environment. But we are reviewing ways to deal with this issue in a safe and feasible way. We totally understand the risks faced by passengers with nut and food allergies and will certainly try to accommodate them better in the future.”

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