Accepted a voucher or an offer after a Banjul flight went wrong? You may still be able to claim

After a long delay or a cancellation at Banjul, an airline may offer a voucher for a future flight, a small payment, or a form to accept. Some passengers accept because they are tired and want to go home. Later they wonder if they gave up their rights.

In most cases, they did not.

European Regulation 261/2004 says that the obligations of the airline towards its passengers cannot be limited or waived, in particular by a clause in the contract of carriage (Article 15). A form or message that said “I accept this offer as full and final settlement” could not simply take away a right that the law gives. That does not mean a signature changes nothing: it may have to be examined case by case, but it is not an automatic waiver.

On vouchers, the rule is just as clear. The compensation under Article 7 can be paid in cash, by bank transfer or by bank cheque. It can be paid in vouchers or other services only if the passenger agrees in writing. So a voucher is an offer, not an obligation: you can decline it and ask for the money.

Notice the imbalance. The passenger lives by strict rules, while the airline has no legal deadline even to reply to a claim: the regulation sets none, and the Commission only recommends two months. Strict rules for the customer, silence for the airline: that is why the papers you keep matter so much.

Here is what to do if you are in that situation.

Keep every paper or message you received, and photograph or screenshot it. Note the date, the flight number, the real arrival time and what you were told. If you signed or accepted something, keep a copy.

Do not assume the matter is closed. If you took a voucher, check its expiry date and conditions, and ask yourself whether you really agreed in writing to give up the cash.

Remember the time limit. It differs from country to country and can be short, so do not wait months to ask.

For travellers flying from Banjul to Europe, where a flight to Europe on a European airline is covered in principle, the amounts are 250, 400 or 600 euros per passenger depending on distance, with 400 to 600 euros the usual range from Banjul. Compensation is not owed when the airline proves extraordinary circumstances it could not avoid.

If you accepted something and are not sure what it means, keep the document or the message and ask before you decide it is too late.

More detail: https://robindesairs.eu/en/blog/refuse-voucher-demand-cash-refund.html

Saint-Yves Kodjo is a former cabin crew chief and the founder of Robin des Airs, a service that helps passengers between Europe and Africa claim flight compensation. The name is a play on “Robin des Bois”, French for Robin Hood: we take from the airlines, and give back to the families. robindesairs.eu