Ata

[Travel Guru]

I think you've swallowed their spin - I'm aware of a number instances where they have done things that they should not have or which have been incorrect.

I personally think that clause has more holes than a sieve.

I haven't swallowed anyones spin, I don't work for them, though I do own a successful agency so can see it from both sides.

Do you have legal experience or are you just talking opinion?

TG

 

[browski]

Slightly OT, but it reminds me of a Virgin Blue rule - when a Virgin Blue flight was cancelled or changed or whatever, sometimes the user has credit in their Virgin Blue account.
Virgin would then state that you had to use that credit within 12 months or they would just take the money.

This was a rule in the T&C. However it was/is not Law. So when contested they obviously had to reimburse this money because they were taking (stealing) money when they provided no service/product.

Funny how many people believe T & C's equate to Law.

 

[oz_mark]

Funny how many people believe T & C's equate to Law.

...and funny how many companies think that the T&C's supercede the law.

 

[Dave Noble]

I haven't swallowed anyones spin, I don't work for them, though I do own a successful agency so can see it from both sides.

Do you have legal experience or are you just talking opinion?

TG

Well, to start with the customer cannot initiate a charge back. Only the card company can issue a chargeback

All a customer will do is make a claim against the credit card company for non supply of goods. Whether the bank wishes to initiate a chargeback is up to them and unrelated

Dave

 

[Travel Guru]

Well, to start with the customer cannot initiate a charge back. Only the card company can issue a chargeback

All a customer will do is make a claim against the credit card company for non supply of goods. Whether the bank wishes to initiate a chargeback is up to them and unrelated

Dave

I agree completely Dave, but I would suspect the clause in the T&C is there as much to cover themselves from those paying cash/eft as it is for cards.

The customer is certainly well within their rights to apply for a refund from their credit card company, all i'm arguing is that FC and agents in general are well within their rights to do everything they can to absolve themselves of responsibility when a third party supplier goes belly up.

TG

 

[DTM1]

I haven't swallowed anyones spin, I don't work for them, though I do own a successful agency so can see it from both sides.

Do you have legal experience or are you just talking opinion?

TG

the former. I don't mean to be rude, it's just that I can tell you that these clauses are often not worth the paper they's on, but are put there anyway, as that takes care of 99.9% of people who won't fight it (these issues often only get tested when they piss off a lawyer who takes them on as a matter of principle).

 

[stryker]

the former. I don't mean to be rude, it's just that I can tell you that these clauses are often not worth the paper they's on, but are put there anyway, as that takes care of 99.9% of people who won't fight it (these issues often only get tested when they piss off a lawyer who takes them on as a matter of principle).

Well said!

We need more of that kind of approach.

 

[Travel Guru]

the former. I don't mean to be rude, it's just that I can tell you that these clauses are often not worth the paper they's on, but are put there anyway, as that takes care of 99.9% of people who won't fight it (these issues often only get tested when they piss off a lawyer who takes them on as a matter of principle).

I think you hit the nail on the head there, it would only be a pissed off lawyer who would ever take them on, because noone in their right mind would pay a lawyer to take on their quite substantial legal team.

It's been an interesting debate.

TG

 

[JohnK]

So, is this little thing in Flight Centre's terms enforceable or not? (Note, I have only used Flight Centre once, and I am pretty sure the payment was actually made to Qantas Holidays rather than FC)

That clause is actually very disturbing.

I am glad that I have never used Flight Centre and will never use them in the future even if they can offer to beat another quoted price.

I don't see why they should have to take responsibility for another companies failure especially given that when I last checked, FC played no part in their demise and were given no forewarning of any impending doom.

I am sorry but they are selling the services. Why should I take the responsibility for another companies failure?

 

[lampardcl]

I have just received a full refund on my cc for the ATA airfares. Wow it only took 13 days from the time i lodge the claim. We can now look forward to visiting mickey mouse once again

 

[JohnK]

Great news. Enjoy your holiday.

 

[thatwouldbher]

I am really happy for you that received your charge back through your cc!

Back in the '90's when Compass airlines went under I was flying perth to Brisbane and had charged a return flight for 4 to my cc to find out on the day b4 my travel the airline and gone under and I never received the charge back from Visa. However qantas at the time was kind enough to offer us at one of their discounted prices a return flight which we gladly accepted as we were going to my brothers wedding and 2 of my children were in the wedding party!