The court of first instance in Kaloun, Guinea, accepted a case between Mohamed Bangoura, a Guinean citizen, and the airline Air Senegal, reports “Les Echos”.
The latter accuses the company of fraud and breach of trust, after canceling a flight between Conakry and New York, without notifying the customer beforehand. The incident dates back to July 2024, when Bangoura, a civil administrator, had booked return tickets for him and his wife. After long delays and flight cancellations, he took legal action to demand compensation of 500 million Guinean francs.
According to information from the newspaper, taken by “Senenews”, at the hearing on November 20, Bangoura’s lawyer denieda serious failure by Air Senegal, believing that there had been fraud there According to him, the company had an obligation to transport passengers from point A to point B, but they did not respect this promise. He said the lack of communication and successive cancellations had caused great harm, including Bangoura’s wife, who was unable to work because of the delay.
For his part, the representative of Air Senegal, Mouhamadou Moustapha Mbaye, disputed the allegations. According to him, the company took all the necessary steps to inform passengers that the flight was cancelled, by sending an email and SMS. He also noted that the company had offered a partial refund or rerouting via another flight. He clarified that the customer did not ask for a refund from the company, but that he accepted the option of Royal Air Maroc. According to Mbaye, this was a civil case and not a criminal case.
However, the lawyer of the civil party asked for the criminal nature of the case, citing article 486 of the Guinean penal code which, according to him, indicates fraud. He said that the fact that the company does not take its responsibilities and does not take appropriate measures to correct the situation violates the rights of passengers. In turn, Air Senegal resisted, also demanding 500 million Guinean francs, due to the moral damage suffered by the media on the matter. The defense lawyer confirmed that the case should have been brought before a civil court and that the publicity about the conflict had damaged the company’s image.
The court adjourned the case until November 27, 2024, to issue its final decision. In the meantime, Mohamed Bangoura continues with his demands, emphasizing that the company has not honored its contractual commitments.
2024-11-22 10:33:00
#Senegal #accused #fraud #canceling #Conakry #flight
In what circumstances can a cancelled flight be legally classified as fraudulent, and what burden of proof does the passenger need to establish to make such a claim?
## A Case of Cancelled Flights: Examining Rights and Responsibilities in Air Travel
**Introduction:**
Welcome to World Today News. Today we’re delving into a complex case of alleged fraud and breach of trust involving Air Senegal and a Guinean passenger, Mohamed Bangoura. We’ll be discussing the rights of air travelers, the responsibilities of airlines, and the legal ramifications of flight cancellation and communication breakdowns.
Joining us today are two experts: [**Name of Guest 1**, a legal specialist in consumer rights] and [**Name of Guest 2**, an aviation industry analyst].
**Section 1: The Passenger’s Perspective: Rights and Expectations**
[**Interviewer to Guest 1:**] Mr./Ms. [Guest 1], Mohamed Bangoura claims Air Senegal committed fraud by cancelling his Conakry-New York flight without prior notification. What are the typical rights and expectations passengers have regarding flight cancellations? How strong is Mr. Bangoura’s case from a legal standpoint?
[**Interviewer to Guest 2:**] Mr./Ms. [Guest 2], how common are flight cancellations, and what are the standard procedures airlines typically follow in such situations? From an airline’s perspective, what are the challenges in ensuring smooth communication with passengers during disruptions?
**Section 2: The Airline’s Position: Communication, Responsibility, and Compensation**
[**Interviewer to Guest 2:**] Mr./Ms. [Guest 2], Air Senegal argues they took necessary steps to inform passengers about the cancellation via email and SMS. They also offered alternative solutions like refunds and rerouting. How do these actions align with industry best practices for handling flight disruptions?
[**Interviewer to Guest 1:**] Mr./Ms. [Guest 1], Mr. Bangoura’s lawyer is pushing for the case to be considered criminal, citing potential fraud under Guinean law. What are the legal thresholds for deeming a cancelled flight as fraudulent? How do you assess the potential for success in pursuing a criminal case against the airline?
**Section 3: Resolution and Implications: Moving Forward**
[**Interviewer to Guest 2:**] Mr./Ms. [Guest 2], this case highlights the potential tension between airline operational realities and passenger expectations. What are some positive steps airlines can take to improve communication and minimize the impact of cancellations on passengers?
[**Interviewer to Guest 1:**] Mr./Ms. [Guest 1], what key takeaway message should consumers take from this case regarding their rights and responsibilities when traveling by air? Are there any concrete actions passengers can take to protect themselves in the event of future flight disruptions?
**Closing:**
This case underscores the complex interplay between passenger rights, airline responsibilities, and legal frameworks. As the Guinean court prepares to issue its final decision on November 27th, the outcome will likely have broader implications for the aviation industry and air travelers alike. We thank Mr./Ms. [Guest 1] and Mr./Ms. [Guest 2] for their valuable insights on this important issue.
