ACCC pressures Virgin to lift travel credit expiry [update - Virgin forced to extend]

They cancel your flight They must refund in cash if u paid in cash. Same as any product or service purchased and not delivered
They went into Voluntary Administration.



There were many avenues at the time to get your money back. (Such as credit card charge backs of which there was success at the time).

However, there were government powers put into place such as leaving your local government area, state / territory or the country.

Unfortunately, FFC have expired. No different an expired gift card. There's no legal body which will refund you your money and no corporate regulator which will help because this was all done through the legal system and the corporate regulator agreed with the actions taken.

If people want to avoid Virgin Australia for their life, then so be it. That's why people have a choice and probably will pay more as a result of their choices.
 
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They cancel your flight They must refund in cash if u paid in cash. Same as any product or service purchased and not delivered
The problem is the "they" in March 2020 is not the same "they" that continued to honour that credit until 31/12/2023...the second "they" could have written that off in Apr 2020.
 
The problem is the "they" in March 2020 is not the same "they" that continued to honour that credit until 31/12/2023...the second "they" could have written that off in Apr 2020.
Actually that's a bit wrong.

- Virgin Australia (ASX company) in March 2020

- Deliotte (Voluntary Administration) (Administrators control the company) (21 April 2020 - 17 November 2020)

- Virgin Australia (private entity) 18 November 2020 onwards

This is why flight credits still exist for tickets purchased between 21 April 2020 and 31 July 2022.

This is also why issues around FFC's should be taken to Deliotte as they were the administrators and took on the liabilities of the company at such time. As a creditor you got a few cents in the dollar, though I'm sure this opportunity has long gone.
 
This is also why issues around FFC's should be taken to Deliotte as they were the administrators and took on the liabilities of the company at such time. As a creditor you got a few cents in the dollar, though I'm sure this opportunity has long gone.

Sorry to re-hash, but I'd like to get it clear in my mind. Is this a simple explanation of how things went 'mechanically'?

* Example: In January 2020 I paid $1K for a Virgin flight to be taken in December
* In April 2020, VA went into voluntary administration. I became an unsecured creditor
* The administrator worked out that there wasn't enough to pay the creditors (especially the unsecured creditors), so put the entity up for sale
* Bain bought the entity in Nov 2020
* Bain had no obligation to honour the unsecured creditors (such as paid but unused airfares) but decided to honour them with 'future flight credits' which were redeemable with conditions up to a certain time. Approved by ACCC and ?courts?
* I could take $1K in flights, under the set conditions, up to 31 Dec 2023. Flights didn't have to be for myself.
 
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Sorry to re-hash, but I'd like to get it clear in my mind. Is this a simple explanation of how things went 'mechanically'?

* Example: In January 2020 I paid $1K for a Virgin flight to be taken in December
* In April 2020, VA went into voluntary administration. I became an unsecured creditor
* The administrator worked out that there wasn't enough to pay the creditors (especially the unsecured creditors), so put the entity up for sale
* Bain bought the entity in Nov 2020
* Bain had no obligation to honour the unsecured creditors (such as paid but unused airfares) but decided to honour them with 'future flight credits' which were redeemable with conditions up to a certain time. Approved by ACCC and ?courts?
* I could take $1K in flights, under the set conditions, up to 31 Dec 2023. Flights didn't have to be for myself.
Modifications :

* In April 2020, VA went into voluntary administration. You became an unsecured creditor
* The administrator worked out that there wasn't enough to fully pay the staff, secured creditors, unsecured creditors so they looked at avenues to save the business
* The administrator felt it was in the better interests for passengers who had tickets to have a Future Flight Credit so they could retain the full value. The FFC was designed to have limited seats on flights and an expiry date. This was built into the Deed of Company Agreement which is part of the sale of the business. (This FFC idea at the time was discussed on this forum with forum members expecting such FFC to be postivie on consumers.) FFC's could be used by anyone, they are linked to a person but during the booking process you can can enter the details of the taking the flight(s).
* Bain aquired the entity in Nov 2020 along with knowing Virgin Australia was going to inherit the FFC's. (Other purchaser's were also aware of this too in the instance they acquired the company.)
* Virgin Australia extended the credits (at least once, I think twice. I think the original expiry was 31st December 2021)
* The FFC's expired on 31 December 2023. (They were valid for over 3 years. This matches Australia's legal expiry of gift cards, 3 years minimum).

Yes, from the time the FFC was issued in 2020 you could have used the FFC amount ($1K) in Virgin Australia operated flights dollar for dollar / cent for cent, under the set conditions, up to 31 Dec 2023 and the person taking the flight didn't need to be you.

The conditions of the FFC were clear on Virgin Australia's website.

If you used an FFC it would have cost Virgin Australia money in airport fees, taxes (and potential lost revenue).

As the current entity, Virgin Australia it's financial upside of the expired FFC's is $0.00 as it earnt no income on them, no money received. When they were used they were a financial liability. On their balance sheet they may have had a line item for libability of paying airport fees etc when the FFC's were used, but really they have no profit gain from the expiry.

Yes to add when you bought the ticket the airline would have collected as part of the airfare, airport fees etc. So the previous entity pre voluntary administration burnt through that money too.
 
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Thanks - FFCs a creation of the Administrators; completely forgot that!! (I wasn't much into VA back then).
 
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They cancel your flight They must refund in cash if u paid in cash. Same as any product or service purchased and not delivered
Except if the company that owes you money goes into administration (which by and large happens because they can't meet their debts). At that point, you end up in the line of unsecured creditors.
 

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