Qantas Refusal to pay Downgrade Refund

[smoke85]

Good discussion all.

I was thinking of going the MCOL route (UK purchase) - this is a flat £80 charge (which I can claim against the Defendant) and I can also claim 8% interest from the date applicable. Citizen's advice and a friend who is a UK solicitor indicated I would have a strong case given Qantas' behaviour.

I am not bitter and twisted, just annoyed that Qantas continues to behave like this and seems to get away with it. I kind want to stand up and spit back in their face, as so many others just keel over. I've been fair and reasonable, I know I could have got a re-route, but having not been back in Aus in 5 years, we needed that timetable. I just wanted the refund done in good time and to the correct amount. Being stuffed around has annoyed me.

 

[drron]

Different scenario, as those trips were purchased in Australia (in AUD) for travel outside Australia.

In the OPs case the trip was purchased outside Australia, so I maintain its UK consumer law which applies.

I cant see any state agency championing your case when the purchase was not made from Australia; and the terms on the website presented would be the UK T&Cs.

The OP has been offered correct refund for the adult fares, the only thing is question is GBP50 for the infant which they can request but filing costs and legal actions will be much more than that and that money wasted if spent in Australia as they need to go via the UK consumer law; as the money was collected by Qantas UK not Qantas AU.

No some of the folks in the Ruby Princess case were Americans who booked in the US and paid with USD. The High Court ruled they could be included.

 

[kangarooflyer88]

In the OPs case the trip was purchased outside Australia, so I maintain its UK consumer law which applies.

The trip may have been purchased outside of Australia, but certainly some provisions of travel protection will kick in on the basis that their destination was Australia. I am not a lawyer but I would find it hard to believe that a court would see no relation between the trip and Australia in some way and therefore have no standing in an Australian court.

I cant see any state agency championing your case when the purchase was not made from Australia; and the terms on the website presented would be the UK T&Cs.

If this was the case, then anyone buying a one-way ticket in Australia would also have no standing in an Australian court. After all, if you book a one-way ticket departing somewhere other than Australia, you are redirected to Qantas' site for that region and thus are bound by the T&Cs of that country's booking site.

The OP has been offered correct refund for the adult fares, the only thing is question is GBP50 for the infant which they can request but filing costs and legal actions will be much more than that and that money wasted if spent in Australia as they need to go via the UK consumer law; as the money was collected by Qantas UK not Qantas AU.

It depends on the court. Even if they have to file in a UK court, presumably they could recover filing costs, travel costs and potentially punitive damages from the airline. Otherwise, this would put a strong disincentive on customers for exercising the rights afforded to them by law. After all, who would spend thousands of dollars to chase a £50 fee? Hence, businesses would feel empowered to screw the customer over since they have no practical recourse.

 

[randompunter]

Good discussion all.

I was thinking of going the MCOL route (UK purchase) - this is a flat £80 charge (which I can claim against the Defendant) and I can also claim 8% interest from the date applicable. Citizen's advice and a friend who is a UK solicitor indicated I would have a strong case given Qantas' behaviour.

I am not bitter and twisted, just annoyed that Qantas continues to behave like this and seems to get away with it. I kind want to stand up and spit back in their face, as so many others just keel over. I've been fair and reasonable, I know I could have got a re-route, but having not been back in Aus in 5 years, we needed that timetable. I just wanted the refund done in good time and to the correct amount. Being stuffed around has annoyed me.

Yep stick it to them. I find it horrendous that in the absence of decent consumer protections they get away with stuff like this. Like their MO with involuntary downgrades from J to Y where they calculate the refund based on a jacked up Y fare and not whatever sale fare may have been available at the time of booking.