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- Jul 22, 2008
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You are certainly due a refund under ACL- but that right doesn't involve your card scheme. As someone due a refund, regardless of the reason. you will be joining the pool of unsecured creditors, and almost certainly won't see anything.Hmmm. I wonder if there is a different angle? That of Australian Consumer law? Ie, you purchased a product that is not fit for purpose? Or that you wouldn’t have purchased had you known of the quality? I mean, who would purchase a ticket now, or in fact ever again… with bonza given their track record? Would you have purchased a ticket at the time had you known they were likely to have all their planes seized?
So I reckon there’s an argument you are already due for a refund, regardless that it’s a future supply. People need some certainty of their travel plans in order to book accommodation, etc. Bonza can’t provide that certainty.
Card scheme chargebacks are contractual, get the money at first instance from the merchant acquirer (who then becomes the unsecured / secured creditor), but the card issuer has no ACL obligations here.