I’m looking for some advice – I’ve only been living in Australia a couple of years and I moved here from Ireland so I’m not sure about Australian consumer law.
I bought flights for myself and my fiancé for our wedding, Sydney to Dublin, on 12 June with Australian travel agent Skiddoo. Skiddoo then rang me on Friday 21 June to say that two of the three flights had been cancelled – one by the airline and the other “did not exist”. I spent about half an hour on the phone going through alternative dates, none of which suited my wedding schedule. Eventually they agreed to issue a refund on 24 June but said it would take 8 weeks as the money was with the airline, citing terms and conditions.
I called the ACCC and they told me that the company must refund me, and that the fact that the money was with the airline was irrelevant, as it was up to the agent to arrange a refund for themselves from the airline they deal with. Explaining all this to Skiddoo proved fruitless and all they would say was “terms and conditions”. I spend 40 minutes on hold waiting to speak to people, which went nowhere.
We’re in the middle of planning a wedding, and couldn’t afford to be out-of-pocket by $3,000 for 2+ months. On the advice of a friend, I raised a dispute with my credit card company – but this was rejected by Skiddoo’s bank as “there was a cancellation agreement in place”.
Here are their terms and conditions covering cancellations:
CANCELLATION AND REFUND FEES
Cancelled bookings will incur charges, which can be up to 100% of the cost of booking, regardless of whether travel has commenced. Check with your consultant and the fare rules if the fare is refundable, as not all fares can be refunded. Our administration fee is $133.00 per ticket plus any airline cancellation fees. Refunds take approximately 12 weeks to process. If we incur any liability for a cancellation fee for any booking cancelled by you, you agree to indemnify us for the amount of that fee or charge.
I would argue that this appears to relate to bookings cancelled by the customer (as it refers to cancelled bookings rather than cancelled flights), and that if the agent sells a flight that does not actually exist, they should issue a refund immediately. It has now been nearly 10 weeks, and they have still not issued a refund.
I’m really frustrated, my fiancée is very stressed, all when we should be planning and booking things for our wedding. What can I do next?
Cheers.
Are you in NSW? If so, consult NSW Fair Trading or your state equivalent.
http://www.fairtrading.nsw.gov.au/ftw/Consumers/Buying_servi…?
Case Study: http://www.fairtrading.nsw.gov.au/ftw/Consumers/Buying_servi…?