Except for clearly exceptional circumstances, probably not, and might even have your case (or yourself, for that matter) marked as frivolous/vexatious.
If you are implying that all aspects of the conditions of carriage are completely invalid unless defensible in a court of law, then I cannot imagine what a precedent this will set for the airline industry (in Australia, for one thing).
Check-in times are not industry standards because such standards do not exist.
This is your opinion as to what you consider are the key notices of the CoC, plus your opinion as to what is a sufficient "gate-keeper" check that the customer understands this.
In answer to the first sentence above - that is what we have small claims tribunals for - small amounts. If someone lost their $200 fare to Perth (as an example) then it could be a matter heard by a small claims tribunal.
I am not saying that all elements of a contract are invalid unless tested by law.
I am saying that any aspect of a contract
could become invalid when tested by law.
The quote you have made above was in reference to the 45 mins section of the CoC.
However more generally many elements of contracts (or indeed the contract themselves) have become invalid for all sorts of reasons and we have mountains of contract law which states what are and aren't valid terms.
But there is still more to be tested (because circumstances vary from contract to contract) and it happens every day.
TT is saying that their Conditions of Carriage
form part of the contract that you the passenger have with TT.
My point is that just because they say so doesn't mean it is so!
If the conditions of carriage contain elements that are unjust or unfair or unreasonable then they can be excluded from the contract. It is for the tribunal/court to determine this.
The problem for TT is that harsh or rigid enforcement of the rules invites testing by passengers, let alone being bad for customer service.
(Probably the reason why TT is now changing its approach to customer service.)
As for my comment about industry standard - perhaps it would have been better if I had said 'industry practice'. Most of us would think a 30 min deadline for domestic flights and 60 min deadline for international flights as being a reasonable cut-off. I think that is the rule applied by JQ, DJ, QF and just about anyone else.
45 mins is outside the norm.
One example to draw on. Clause 5.8 of the CoC states that the passengers agrees to accept any seat made available to you on an aircraft by the flight crew. Now what happens if this turns out to be a jumpseat? Or next to an obese person that was taking up more than their seat and encroaching into yours? If I decided against this then I would argue I could deplane and travel on the next flight or get a refund. I would argue 5.8 is not always enforceable.
Let's say you do get off the plane. cl 5.9 then goes on to say 'no refunds' unless under the CoC (which only deal with delays of more than 4 hours).
Clearly cl 5.9 in not always enforceable - not least because it is inconsistent with all sorts of other laws.
In suggesting that certain elements of the CoC were highlighted I was actually providing TT with a possible solutuion to customer complaints - and providing a way for them to demonstate, much more easily, that they had highlighted the important terms of their conditions.
The rest of the conditions of carriage are pretty straight forward.
I've just spent a good deal of time looking for TTs contract of carriage but to no avail. The CoC say:
"Conditions of Contract" means those statements contained in or delivered with the Booking Confirmation (including these Terms and Conditions), and contained in the Website (including but not limited to the Tiger Airways “
Help” page and other pages referred to herein), our Tariffs and notices available at our offices and check-in counters.
But the 'help page' doesn't contain such a link that I could see. It really is too late to send the terms of the contract with booking confirmation (that's after payment) unless you then allow a reasonable amount of time to cancel without penalty. (Which TT may well do.)