Legal Question in Consumer Law in Australia

''Refund''

I purchased flights from an airline. The terms and conditions clearly state non refundable, non-transferable, - and name changes are not permitted. I had to cancel the flight and they now have my money sitting in an account somewhere earning interest. I want a refund but they are holding the money I paid as a credit for 12 months so I can use it at anytime to fly. I just want my money back! It is approx $600 AUD.


Asked on 5/11/04, 5:29 pm

1 Answer from Attorneys

Tim Wishart McMahons National lawyers

Re: ''Refund''

When you bought the ticket you made a contract with the airline.

You accepted the offer to fly you somewhere for a price.

You admit that the terms (of the contract) include provisons that there could be no refund and no transfer.

You must rely on the good will of the airline for a refund. If there were particular circumstances that forced you to cancel put them forward.

Based on the facts you have provided it seems to me that there is no contractual right to a refund.

Perhaps if you commenced a claim in the small claims tribunal the airline might 'cave' but I doubt it.

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Answered on 5/11/04, 5:50 pm


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