FlyingKangaroo
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- Feb 13, 2020
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Which “guys”? Coronavirus?
Airlines, and specifically airlines breaching their contractual terms and / or general consumer law.
As far as I can tell, Qantas hasn't done that yet. Some (VA, for example) arguably have but are claiming consumer law "permits" them to do so thanks to various "exemptions" from the "normal" rules. It's not a clear-cut argument they're making and thus far, no regulatory body or court in Australia has come to their rescue so the risk remains.
The entire purpose of a contractual agreement is to consider and prepare for "what happens" if "something" goes wrong. As a commercial contracts lawyer, I can say that the level of creativity that goes into "what might happen" and accounting for it in agreements to save your skin just in case is at times absurd to the point of hilarity. But it matters, and in the case of Qantas, they explicitly promise refunds even for situations outside of their control. That's downright generous contractually, but it is what it is, so if Qantas at any points proves itself as failing to meet those contractual promises, then yes, someone ought to take them to court for it.