Jetstar loses in court (to me!)

[sam I am]

Hi all
I am still celebrating my victory over Jetstar in court yesterday. A magistrate found in my favour and ordered Jetstar to refund me my return airfare and the $16 court filing fee.

I got to my flight in time, but Jetstar said I didnt and wouldnt let me go to the gate to a half empty flight that had not even commenced boarding, without any hand luggage

Jetstar lost the case, in fact they didnt even show up to court, rather they chose to do it by phone hookup from their Melbourne head office.

I encourage anyone who feels ripped off by this company to take it to the small claims tribunal . In my case its a David and Goliath victory for commonsense over corporate greed and shocking customer service!

 

[simongr]

Congrats - out of interest how much was win? Was it worth your while to fight for it?

 

[moa999]

And which States Small Claims Tribunal?

 

[sam I am]

Hi

All I claimed was the cost of the ticket and the filing fee which was all up a few hundred dollars.

It was well worth it considering they weren't offering me a refund and case was heard quickly and without solicitors fees

well worth it!

 

[opusman]

Also (so many questions!) how were you able to prove that you had been there in time? Or was it basically your word against theirs?

 

[sam I am]

The claim was heard in QLD but I believe all states have a similar system, check your states consumer affairs website should give details and links

The entire process was relatively stress free and quick!

 

[docjames]

As above, how did you prove you were there on time (your word vs theirs)?

 

[sam I am]

I dont have a copy of the judgement yet, I expect to obtain it shortly. Jetstar uses minutes and seconds to deny people their travel and keep their money.
I hope this is a wake up call to Jetstar that they cannot continue to treat citizens with such contempt

 

[sr81]

I echo the other posters here. How did you prove that you were on time?

Nice to have a win but amazed that you would go to court for a pretty trivial amount. Principle is fast becoming an expensive luxury but it looks like the cards fell your way. Nice one.

 

[Keith009]

There'd have to be reasonable grounds on the facts provided for any court of law (even something like VCAT or the interstate versions) to decide on balance that the OP was "on time" or otherwise wouldn't it?

Speaking as a half-baked law student who's issued proceedings in VCAT and a couple of other courts a few times (not consumer affairs issues tho).

 

[Happy Dude]

... amazed that you would go to court for a pretty trivial amount....

Entirely subjective of course, but OP says "a few hundred dollars" which many may consider to be worthwhile. I might've had a crack just for the satisfaction value. I'm guessing that the OP, welcome to AFF by the way, is justifiably satisfied.

However, I am amazed about the lack of interest shown by Jetstar. Doesn't this set a precedent?

Please post a copy of the judgement here when it becomes available. It'll give everyone the answers they need....

 

[docjames]

I'm sorry but why do you need to wait for "copy of the judgement" to explain how you proved you were on time?

I call bs.

 

[NM]

I'm sorry but why do you need to wait for "copy of the judgement" to explain how you proved you were on time?

I call bs.

It may depend on who has to prove what. Is it the passenger that has to prove they were there on time, or is it the airline that has to prove the passenger was late? I don't know the answer???

 

[medhead]

I call bs.

I raise you a shenanigans

 

[docjames]

Double down.

 

[munitalP]

Shenanigans!!!!!

 

[sam I am]

The process started with a letter of demand for refund within 7 days, which Jetstar refused and that is where it all started. Jetstar could have avoided where they are now by refunding the money.

I am not going to answer a whole list of questions pertaining to my case from nameless faceless people I dont know, that is not the purpose of this post.

This post is for the benefit of other travellers out there who may feel bullied by unreasonable behaviour of Jetstar and to let them know that they can use the justice system without spending a lot of money. To let people know that they dont have to abide by Jetstar's form letter demands to wait 8 weeks while Jetstar makes up its mind if they are going to issue a refund or not. And to let people know that corporations are not above the law and the relatively simple process that small claims is.

 

[medhead]

I am not going to answer a whole list of questions pertaining to my case from nameless faceless people I dont know, that is not the purpose of this post.

This post is for the benefit of other travellers out there who may feel bullied by unreasonable behaviour of Jetstar and to let them know that they can use the justice system without spending a lot of money. To let people know that they dont have to abide by Jetstar's form letter demands to wait 8 weeks while Jetstar makes up its mind if they are going to issue a refund or not. And to let people know that corporations are not above the law and the relatively simple process that small claims is.

And yet you expect us to accept claims that big corporations are not above the law from a nameless and faceless person without outlining the basis of your arguement that gave you the win against Jetstar.

Really without answering a single, simple question about the basis of your legal agruement IMHO you are not providing any benefit to other travellers who may feel bullied by Jetstar. Should we conclude that your refusal to answer this question makes you post pointless?

Or there is my flippant response:

I have a name - Medhead, last time I looked in a mirror I had a face!

 

[Alanslegal]

sam I am,

As you are the claimant in the matter, you would have had to prove 'on the balance' that you were on time.

From your post, your reference to being on time is being at the gate on time and I would assume you web checked-in before arriving at the airport.

For me, to prove such thing, I would assume you have at least affidavit evidence from someone swearing you were on time at the gate such as from someone respected who was travelling with you, a member of public OR some cheeky staff member from Virgin Blue saying you were at the gate at xx:xx time and definitely on time for the Jetstar flight

Any other evidence?

 

[docjames]

So you post up to tell us all about it, then wont provide any details. Riiiight. Then you wonder why we dont believe you. Mmmmkay.

And you've hardly "helped" if you dont provide any details on how you "won" as we still have no idea how to "win" ourselves.

Thanks for nothing.