Am i entitled to my money back [Cancellation]

[Mistress]

Jetstar have now cancelled all OOL to CHC and AKL flights in April and May. I have a flight in May from OOL to CHC.

I asked Jess the Jetstar virtual assistant for my refund, as I want the money back and not a voucher as i have that many flights booked with qantas and jetstar that i know i won't be able to use this voucher in 6 months.

The assistant came back with: It looks like you're eligible for a Jetstar credit voucher. We're not able to provide a monetary refund in these circumstances.

Jetstar CANCELLED my flight and there is no alternative available and they will not give my money back. Where do I stand, is there an Australian Competition Consumer law I can point the call centre too when I call them up to force them to pay back my money as I do not want a voucher!

Any help would be great in what terminology I should use when I do call them!

Thanks

 

[TripleB]

Do you not think that s 267(1) of the ACL helps Virgin for the flights which are cancelled as a result of government fiat/direction. I don't know how many fall into this bucket - but I suspect that this is what they are going to hang their hat on...

261 is the trigger for a Consumer to enjoy a right or remedy under s 267 of the ACL where there is a consumer guarantee in relation to services is stated in :

(1) A consumer may take action under this section if:

(a) a person (the supplier) supplies, in trade or commerce, services to the consumer; and

(b) a guarantee that applies to the supply under Subdivision B of Division 1 of Part 3-2 is not complied with; and

(c) unless the guarantee is the guarantee under section 60 — the failure to comply with the guarantee did not occur only because of:

(i) an act, default or omission of, or a representation made by, any person other than the supplier, or an agent or employee of the supplier; or

(ii) a cause independent of human control that occurred after the services were supplied.

Let's face it every company is scrambling to protect their cashflow right now - if the whisperings about Virgin's viability are even half true, they will be wanting to keep hold of every penny they can. If it's life or death - wouldn't you stick the mouthguard in and offer credit notes rather than cash refunds and deal with the consequences of breaching the ACL later? [I'm not trying to defend what they are doing here - just trying to explain it]

edit: this is only the ACL consideration - this doesn't follow through on the contractual principles of the right to a cash refund in the event of a frustrated contract - which is clear cut in NSW, Vic and SA but a little murky in the other states.

 

[bobe]

When you get on the "Ask Jess" chat function, type in "Network Adjustments" - this will allow you to request a monetary refund rather than a voucher, this is how I did it.

I logged on at 7am, was in the queue for maybe 40 minutes, actual conversation took maybe three minutes. That was Saturday, refund not received yet but they said seven business days. Good luck!

just sent in refund request via , Network Ajustments, ,they said they will get back to me via email , many thanks for the info .

 

[CaptJCool]

I understand why airlines want to keep your money so do AFL Clubs....

For those who can afford to keep credits OR sit it out for a future refund it’s away of helping out

ACCC have announced we must retain Qantas and Virgin so it’s prudent to keep them afloat

 

[MEL_Traveller]

Do you not think that s 267(1) of the ACL helps Virgin for the flights which are cancelled as a result of government fiat/direction. I don't know how many fall into this bucket - but I suspect that this is what they are going to hang their hat on...

I think that might be right. The difference between Qantas and Virgin seems to be that the Qantas conditions of carriage specifically allows for a refund, regadless of the situation in which a flight is cancelled.

 

[TripleB]

The ACL not applying just means that you don't automatically get your money back under that legislation.
It doesn't mean that other things don't apply, such as:

• the usual contractual principles - mainly the consequence of a frustrated contract (which in NSW, VIC and SA are cash refunds but elsewhere is murky)
• equitable principles of unjust enrichment
• unfair contract terms
• state based fair trading legislation

But all this analysis turns on the specific words of the contract... and is not as clear cut as the remedies for failing to meet a consumer guarantee for the provision of services in the ACL.

 

[Mistress]

I received this today in regards to a Qantas flight. I have no idea what flight, I believe it is one I booked with Frequent Flyer Points!... I still haven't gotten onto Jetstar. Their virtual rooms I am not getting through on.

Important information about your flight

Qantas has announced further network changes in response to Coronavirus and various government travel restrictions.

As a result, your upcoming flight has been cancelled and the value of your ticket stored in credit. You will receive a second email this week with the details of your credit voucher, which will outline the options available to you. Click here for more information regarding the Australian Consumer Law.

As we are experiencing long wait times, please reconsider your need to contact us at this time.

We apologise for any inconvenience this has caused.

 

[Mistress]

just sent in refund request via , Network Ajustments, ,they said they will get back to me via email , many thanks for the info .

Every time i have done this Virtual Jess insists that I get a credit voucher only.

 

[bobe]

Every time i have done this Virtual Jess insists that I get a credit voucher only.

I did as Peter 78 said, I typed in Network Ajustments, then came a dropdown and I tapped on request voucher or refund then a form to fill in ie booking number email etc etc .

 

[CaptJCool]

I did as Peter 78 said, I typed in Network Ajustments, then came a dropdown and I tapped on request voucher or refund then a form to fill in ie booking number email etc etc .

For Qantas ? Or just JQ?

 

[bobe]

I did for JQ

 

[Amalia Prokupets]

I have just been on the phone to Jetstar. They have suggested that given the circumstances are out of their control they are only required to give a credit. I think that only changes 'within their control' are entitled to a refund.

 

[MEL_Traveller]

I have just been on the phone to Jetstar. They have suggested that given the circumstances are out of their control they are only required to give a credit. I think that only changes 'within their control' are entitled to a refund.

Yeah well... according to their conditions of carriage they may have an argument:

9.2 Changes due to Events Beyond Our Control​

​

Where we make a Significant Change to your flight due to an Event Beyond Our Control, whether you have checked in or not, we will:​

​

• use reasonable endeavours to rebook you on the next available flight on our services at no additional cost to you
• alternatively, if we are unable to rebook you on services acceptable to you, we will provide you with a flight credit where the purpose of your trip is void.

You may also have rights to remedies under the Australian Consumer Law.​

This is very different to the Qantas conditions of carriage which provide for a refund even if the events are outside their (QF's) control.

That being said, some have indicated they have received refunds from Jetstar IIRC.

 

[davistev]

When I did that it says I can only get a voucher. What's up - why can't I get a refund?

 

[JohnK]

Jetstar have cancelled our flight. Email mentions credit voucher that must be used within 6 months for travel in the next 12 months with fare differences payable if more expensive.

Travelling with wife and daughter. Who knows when we'll be able to travel again together. We're not yet in any position to rebook and travel may not be in the next 12 months.

Does that mean I wear the cost? If they only offer travel voucher I cannot use?

 

[CaptJCool]

Yeah well... according to their conditions of carriage they may have an argument:

9.2 Changes due to Events Beyond Our Control​

​

Where we make a Significant Change to your flight due to an Event Beyond Our Control, whether you have checked in or not, we will:​

​

• use reasonable endeavours to rebook you on the next available flight on our services at no additional cost to you
• alternatively, if we are unable to rebook you on services acceptable to you, we will provide you with a flight credit where the purpose of your trip is void.

You may also have rights to remedies under the Australian Consumer Law.​

This is very different to the Qantas conditions of carriage which provide for a refund even if the events are outside their (QF's) control.

That being said, some have indicated they have received refunds from Jetstar IIRC.

I would think you’re covered under 13....

 

[MEL_Traveller]

I would think you’re covered under 13....

The poster i was responding to has a Jetstar ticket, not Qantas. - their conditions of carriage are different - clause 9 I included is JQ's contract.

 

[CaptJCool]

The poster i was responding to has a Jetstar ticket, not Qantas. - their conditions of carriage are different - clause 9 I included is JQ's contract.

Oh right sorry

So much info to process, it’s quite overwhelming

 

[TripleB]

So much info to process, it’s quite overwhelming

Also all the travel providers are desperately trying to hold on to cash right now and are being as opaque as they can on the question of the right to a cash refunds (as opposed to a credit voucher) ... the Qantas approach is exquisitely drafted to just stay on the right side of being misleading and deceptive but robustly push as many people as they can into accepting a credit voucher. Their in-house competition lawyers have been all over that.

 

[bobe]

Also all the travel providers are desperately trying to hold on to cash right now and are being as opaque as they can on the question of the right to a cash refunds (as opposed to a credit voucher) ... the Qantas approach is exquisitely drafted to just stay on the right side of being misleading and deceptive but robustly push as many people as they can into accepting a credit voucher. Their in-house competition lawyers have been all over that.

UPDATE, RECEIVED EMAIL FROM JETSTAR A FEW MIN AGO SAYING ” refund will go into my bank account within 7 days, so that was good news, THANKS FOR ALL WHO GAVE ADVICE ETCETC.

 

[travelbites]

When you get on the "Ask Jess" chat function, type in "Network Adjustments" - this will allow you to request a monetary refund rather than a voucher, this is how I did it.

I logged on at 7am, was in the queue for maybe 40 minutes, actual conversation took maybe three minutes. That was Saturday, refund not received yet but they said seven business days. Good luck!

Thanks heaps for this advice, I followed your instructions and all went smoothly. I have been sent the email from Jetstar saying they are considering my request, so time will tell I suppose!