Qantas faces court test over duty of care to customers

[OATEK]

"A disgruntled Qantas customer is taking the airline to court in an effort to recoup over $10,000 he spent to return home to Australia after his South American flights were delayed by 12-days."

"With some important meetings scheduled in Melbourne in that time, Mr Hassett took matters into his own hands and booked a five-sector flight home, via Spain, Italy, Qatar and Perth.

The trip cost the couple $10,177, plus almost $300 in accommodation along the way, on top of the $3980 they had already paid for the Qantas flights."

https://www.theaustralian.com.au/business/aviation/qantas-faces-court-test-over-duty-of-care-to-customers/news-story/d8b0bdae957f269da919bd5db888d84f

 

[kyle]

Let's hope they don't settle so we get to see the dirty laundry

 

[AIRwin]

No travel insurance?

 

[MJHoops]

Couldn’t read behind paywall. Does it mention which court or when the hearing date is?

 

[andye]

To the general public that routing would sound utterly bizarre and onerous.
Here.. not so much

 

[Pushka]

To the general public that routing would sound utterly bizarre and onerous.
Here.. not so much

Maybe even an AFF'er.

 

[Anna]

The case is in the Federal Circuit and Family Court and is listed for a directions hearing on 20 October.

I can't get access to the court documents so I can't tell whether the article is using 'duty of care' in its correct meaning, ie to mean that the applicant is trying to sue for negligence and is therefore trying to bypass the contract that applies between him and Qantas.

Anyway it sounds like an interesting claim.

 

[MEL_Traveller]

No travel insurance?

Why should we pay if you can get the airline to!

 

[BD1959]

To be honest I'm surprised that one of the usual ambulance-chasing law firms hasn't taken out a class-action against Qantas "as a public service to the travelling public".

Regards,

BD

 

[RooFlyer]

Couldn’t read behind paywall. Does it mention which court or when the hearing date is?

Try putting the url in here:

12ft

 

[Fil-Ski]

I know a few on the forum are taking Qantas to NCAT or VCAT. Qantas have failed on numerous occasions to exercise due care and skill which is a requirement under consumer law.

 

[oz_mark]

To be honest I'm surprised that one of the usual ambulance-chasing law firms hasn't taken out a class-action against Qantas "as a public service to the travelling public".

Regards,

BD

I'm a little surprised as well. Although, these things can take time, and maybe, just maybe, someone somewhere is looking at it.

 

[Fil-Ski]

No travel insurance?

I had a look at my travel insurance policies and I don't believe it covers Qantas' incompetence

 

[djkelly69]

I had a look at my travel insurance policies and I don't believe it covers Qantas' incompetence

Not just incompetence they don't cover. When I was looking at travel insurance policies recently, all of them had a clause along the lines that they do not cover claims caused by transport cancellations.

For example from Covermore/Zurich:

We will not pay for claims caused by: ​

1. Transport Provider caused cancellations, delays or rescheduling other than when caused by strikes.​

​

Or Allianz:

2.1.2 What we do not cover​

To the extent permitted by law we will not pay your claim if:​

....​

caused by delays or rescheduling by a bus line, airline, shipping line or rail authority;​

Not sure of the circumstances of the article in the OP, but not sure travel insurance would have helped.

 

[Economy_Gold]

No travel insurance?

I would not see a reason to claim this to my travel insurance if I have a ticket with an airline I expect the airline to transport me to my destination close to the booked time. Of course, there can be delays, but the airline has an obligation to arrange my transport. If neccessary, this transport must include booking me on a competitor airline.
In my personal view the T&Cs are irrelvant in such as case as there are luckily at least basic consumer rights in Australia.
This will be an interesting case I think; hopefully we hear the arguments and the outcome.

 

[Fil-Ski]

Anyone have non-paywalled article ?

 

[MrJetset]

Travel Delay would be the appropriate travel insurance section. Many people think TI covers new flights, it does not, it may cover the cost of lost flights that you have paid for.

I'm curious as to the twelve day delay. The cost being $3980 indicates it's not an award booking. Also, LA are responsible as the operating carrier that caused the delay whether award or revenue.

A twelve day delay might be possible if it was an award booking and they needed to be rebooked in the same class. In situations like this, QF cannot force LA's hand to open up an award seat.

Some major details are missing to form an assessment of what happened. QF flights to SCL have not operated since 2020.

 

[AIRwin]

Anyone have non-paywalled article ?

See post #10 by @RooFlyer above

 

[jbman]

Couldn’t read behind paywall. Does it mention which court or when the hearing date is?

Qantas was expected to defend the matter which will have an initial hearing before Judge Heather Riley on October 20.

 

[Seat0B]

Try putting the url in here:

12ft

haven't been able to get this to work - says I have my cookies turned off - which I definitely do not.