Qantas issuing "changes" to a flight that is cancelled

[RAM]

I copied the exact ACCC text about JQ on my previous post.

The wording of it is unequivocal. No mention of CV being a special case.

My real world example, from some years back, I received a full refund on non-refundable return tickets for our entire family. I subsequently contacted the Qantas Company Secretary (senior legal officer) as I felt how JQ tried to deny the legislation was very poor form.

Q's company secretary agreed with me & committed to have JQ's CSA's manual updated.

 

[MEL_Traveller]

I copied the exact ACCC text about JQ on my previous post.

The wording of it is unequivocal. No mention of CV being a special case.

The ACCC has misquoted the JQ page.

If you follow your link as provided by the ACCC to JQ's page it says (my bolding):

Please note, cash refunds are only available where your flight has been cancelled due to events within our control and you have not been provided an alternative flight, OR if you have been provided an alternative flight departing more than 3 hours before or after your originally scheduled departure time.​

​

That is why the ACCC on the page you have linked says the QF and JQ conditions are different, and QF's do not apply to JQ.

 

[RAM]

The ACCC has misquoted the JQ page.

If you follow your link as provided by the ACCC to JQ's page it says (my bolding):

Please note, cash refunds are only available where your flight has been cancelled due to events within our control and you have not been provided an alternative flight, OR if you have been provided an alternative flight departing more than 3 hours before or after your originally scheduled departure time.​

​

That is why the ACCC on the page you have linked says the QF and JQ conditions are different, and QF's do not apply to JQ.

A company CHANGING its own web site does not override the legislation.

Let's just agree to disagree, and people can try my approach if they wish or they can try yours!

 

[MEL_Traveller]

A company CHANGING its own web site does not override the legislation.

Let's just agree to disagree, and people can try my approach if they wish or they can try yours!

I think it's just a case of being at cross purposes... talking about two different situations.

From what I can understand in your case JQ cancelled a flight that was still scheduled to operate. That changes the cancellation to one 'within their control', and therefore you are entitled to a refund.

For passengers where a whole route has been suspended due to covid, that falls outside their control, and the ACCC has unfortunately confirmed that a voucher or credit is acceptable if that's what was stated in the terms and conditions at the time of purchase.

 

[RAM]

I think it's just a case of being at cross purposes... talking about two different situations.

From what I can understand in your case JQ cancelled a flight that was still scheduled to operate. That changes the cancellation to one 'within their control', and therefore you are entitled to a refund.

For passengers where a whole route has been suspended due to covid, that falls outside their control, and the ACCC has unfortunately confirmed that a voucher or credit is acceptable if that's what was stated in the terms and conditions at the time of purchase.

In our case, JQ kept changing the departure times for the flight - they did not cancel it.

As under the ACCC (Federal legislation that ACCC helps enforce) definition of what is acceptable for 'changes' the time difference (around 7th change) was +/- 3 hours - so although the JQ flight number still existed - we were entitled to a full refund, & got it as well as an apology from Qantas' Company Secretary. << Note how hard done by we are in Australia vs Europe or US where if flights delayed or rescheduled then airlines required to compensate as well >>

If Q's chief legal officer agrees then I think its pretty clear. I also raised the issue of how long (once JQ gave in & said yes they would refund but it would take many weeks - cannot recall exactly) before the reversal would be processed - the refund was processed & back in the CC the next morning.

Thought I'd check my memory (8 out of 10 )


Booked flight Jan 2009, last time change made by JQ May 19th, refund received June 4th. Somewhere in the annals of AFF I detailed every phone conversation for future reference/use by others.