On 1st October 2019 I booked a Kangaroo Island holiday with Discover Australia for 27 April 2020 to 1st May 2020 for

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Customer: On 1st October 2019 I booked a Kangaroo Island holiday with Discover Australia for 27 April 2020 to 1st May 2020 for $1,808.
Booking No.-752367. Name –***** *****.
Final payment was made on 11 October 2019 and a detailed itinerary and confirmation of full payment was received on 15 October, 2019.
On 10th October 2019 I purchased a Standard Domestic Insurance policy with Tick Insurance. Policy No. MS/TK/305143/24166895 for $58.40 for 27th April, 2020 to 1st May, 2020.
On 27th March 2020 I informed Discover Australia and Tick Insurance that I would be unable to make the trip as my health has deteriorated.
Tick Insurance required me to complete a Travel Cancellation Claim Form Ref. No.###-##-####which includes a Medical Certificate from my doctor completed on 30th March, 2020. I forwarded it to them on 24th April.
Tick Insurance then asked me to forward the Medical Certificate to***@******.*** which I did on 30 April, 2020. I cc’d Tick Insurance into this email.
They also said I would need to lodge a refund claim with Discovery World.
On 21st May I received an email from Discover Australia which confirmed that no refund is available with the wording ‘Unfortunately only the re-book facility is being provided by the company, which enables you to re-book your holiday for a future date at the same price or less (any saving can be held in credit or used for an upgrade etc)’. I forwarded this to Tick Insurance on the same date and received an email confirming they had received it and would contact me ‘as soon as possible’.
I then received this email. ‘Further to our request below, please be advised that your claim has been reviewed by our medical team and they have asked if you could assist them with the following queries: At your convenience, please advise:
1. The medication you had been taking for your anxiety before and at the time of October 2019.
2. If you have had any consultations with a neurologist for your increasing falls and loss of balance. If so, please provide any medical reports or documentations provided to you in relation to this.’
I replied the same day. ‘In October 2019 I was not taking any medication for anxiety as I had no anxiety, as stated in the Medical Certificate. As you can also see from the Medical Statement, it only became apparent to Dr Oldmeadow on 30 Mach 2020 that I was unable to travel due to anxiety. I had first consulted her about my anxiety in January 2020.
I was not referred to a neurologist as the problem seems largely psychological. I was referred to psychologists for 6 sessions, (see attached document) but unfortunately this did not help. I also consulted a physiotherapist (see attached document) who said the problem is not physical. I have since been referred to a psychiatrist. The first available appointment is 23 May 2020 (see attachment) in what I assume will be a series of consultations.’
On 1st October 2019 I booked a Kangaroo Island holiday with Discover Australia for 27 April 2020 to 1st May 2020 for $1,808.
Booking No.-752367. Name –***** *****.
Final payment was made on 11 October 2019 and a detailed itinerary and confirmation of full payment was received on 15 October, 2019.
On 10th October 2019 I purchased a Standard Domestic Insurance policy with Tick Insurance. Policy No. MS/TK/305143/24166895 for $58.40 for 27th April, 2020 to 1st May, 2020.
On 27th March 2020 I informed Discover Australia and Tick Insurance that I would be unable to make the trip as my health has deteriorated.
Tick Insurance required me to complete a Travel Cancellation Claim Form Ref. No.###-##-####which includes a Medical Certificate from my doctor completed on 30th March, 2020. I forwarded it to them on 24th April.
Tick Insurance then asked me to forward the Medical Certificate to***@******.*** which I did on 30 April, 2020. I cc’d Tick Insurance into this email.
They also said I would need to lodge a refund claim with Discovery World.
On 21st May I
JA: The Lawyer can help you determine if you have a case. Before I connect you, is there anything else you'd like the Lawyer to know?
Customer: I cannot send the attachments but no.
Answered by John Melis in 1 hour 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

In relation to import matter, the aspect you need to consider is the terms and conditions of the agency you are using, especially any ticket purchases you have paid in full, upon reviewing their terms and conditions, if you think the agency or another third-party is not acting appropriately in regards ***** ***** necessary assistance with refunds or changes to bookings, you may be able to raise a claim for misleading conduct.

I note the following actions that you may consider.

Consumers have a set of consumer guarantees when purchasing most products or services that can’t be excluded, modified or limited by contract.

https://www.accc.gov.au/business/treating-customers-fairly/consumers-rights-obligations

If one of the consumer guarantees under the Australian consumer law has not been met, generally the seller must repair, replace or refund whether it is goods or services. The type of remedy depends on whether the failure is major or minor.

Certain signs are unlawful, such as:

• ‘No refunds’

• ‘No refunds on sale items’

• ‘Exchange or credit note only for the return of sale items’.

Consumer guarantees still apply regardless of whether an item is on sale.

If the customer has simply changed their mind, the seller does not have to refund. However, if the seller has an in-store policy to offer a refund, exchange or credit note if a customer changes their mind, then this policy should be clearly displayed at the point of sale or included on your business’ website (if it has one). If the store has such policies, they must follow them

There are different ways a customer can provide proof of purchase, not just a cash register or hand-written receipt. These may include:

• a credit or debit card statement

• a receipt or reference number given for phone or internet payments

• a copy or photograph of the receipt.

Business cannot:

not mislead customers, including about what the customer is entitled to under their terms and conditions

not act unconscionably when dealing with their customers

not seek to rely on unfair terms in standard form contracts with customers.

You can seek resolution in the following way and claim compensation as well.

I recommend that you file a claim as soon as possible.

What you need to do is issue a formal complaint in writing to the other party, seeking an assessment/review on the matter, and that you require a response within 7 to 14 days subject to your requirements.

Make sure you enclose al factual evidence you have with the correspondence that you send to the other party.

When you draft this correspondence make sure it is in chronological order that is by listing with numbers example; one, two, three, etc.

The more detail you provide it will assist in resolving the specific matter in a timely way.

Where no response is received and you have reviewed the conditions carefully on the agreement if there are any, and you are still not in satisfied with the situation that is occurring, you can then raise a claim in the Tribunal or Court

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
I am reading this as applying to the travel company and not the insurance company Tick who did include a clear set of conditions on purchase. Tick Insurance have, however, never questioned that the travel company Discover Australia had a right not to offer a refund merely a credit. I am, as you can see from my email, currently experiencing high levels of anxiety, but I will attempt to uncover Discover Australia's Terms of sale.
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John Melis, Expert

What you can do is use the same principle as the travel company as the insurance company the same approach applies

Ask a lawyer and get your legal questions answered.
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