Consumer notice regarding airline terms and conditions
Last Updated: 17/12/2018 08:54 PM
Jetstar provides Undertaking to ACCC and agrees to resolve proceedings
On 20 December 2017, the ACCC published its Airlines: Terms and Conditions Report. In the Report, the ACCC noted that between 1 January 2016 and 14 December 2017, it had received complaints about airlines including in relation to 'no refund' statements and issues relating to consumer guarantees.
In December 2018, the ACCC instituted proceedings against Jetstar in the Federal Court of Australia. The ACCC and Jetstar have agreed to resolve the proceedings by consent, with Jetstar making admissions that, between at least 10 April 2017 and 13 March 2018, it made representations to consumers in respect of domestic Australian flight services and international flight services to and from Australia operated by Jetstar (Flight Services) that:
- (a) its 'Economy Starter' fares and 'Plus Bundle' fares were not refundable, and that customers were only entitled to refunds on fares if they purchased a flight bundle at additional costs;
(b) the Flight Services were not subject to any statutory guarantees or warranties (including those in the Australian Consumer Law); and
(c) to the extent the consumer guarantees in the Australian Consumer Law applied to the Flight Services, Jetstar's liability was limited to either supplying the services again or paying the cost of having the services supplied again, at its discretion;
and thereby, in trade or commerce, engaged in misleading and deceptive conduct and/or made false or misleading representations, in contravention of sections 18 and 29(1)(m) of the Australian Consumer Law.
Jetstar and the ACCC have agreed to make joint submissions to the Court in support of a proposed agreed penalty and declarations. Jetstar has also agreed to make a contribution to the ACCC's costs.
Jetstar has addressed the ACCC's concerns by:
·
cooperating
with and responding to the ACCC's inquiries;
·
amending
its Website, including its Fare Rules, Conditions of Carriage and Compensation
and Refunds page; and
·
providing
the ACCC a court enforceable undertaking under section 87B of the Competition
and Consumer Act 2010 which includes a review of past complaints and the
potential offer of remedies.
More information about your consumer guarantee rights under the ACL where Jetstar has delayed or cancelled your flight can be found at https://www.jetstar.com/au/en/help/articles/australian-consumer-law-information