Some time in November, 2019, I booked a flight with Etihad Airways through a travel Agent in Bondi Junction, namely

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Customer: Good Morning, My name is***** Some time in November, 2019, I booked a flight with Etihad Airways through a travel Agent in Bondi Junction, namely Trafalgar/Costsaver. The young lady I spoke to is Maddie Reace and their reference no. is A017367. The booking was for a flight from Sydney to Rome, via Abu Dhabi and return the same way. The travel agent charged me a total of $3,123-85 for the airfare. Due to the Corona Virus the booked flights from Sydney to Rome via Abu Dhabi were all cancelled, NOT BY ME, but by the airline themselves. As my wife and I have decided, due to illnesses we both have contracted, we will not be flying overseas again, so we did not want to take a deferment of the booked flights, but rather have our air fare refunded. Since that time the travel agent has now stated that the air line is requested a cancellation fee of $565.00 per person, being a total of $$1130 for the two of us. I was told by the travel again this cancellation fee is being requested by the airline. I have this morning spoken to a lade by the name of Zainab, at Etihad airlines and she told me that if I had booked the flights directly with the airline then the total amount of $3,123.85, would be refunded to me. I have also looked looked on the wed site for Etihad Airlines and it is stated that a cancellation free is only ten per scent (10%)of the total amount. It appears to me that the travel Agent is not telling me the truth in this matter as they appear to be trying to pocket the amount of $1130.00 at my expense.
JA: The Criminal Lawyer can help you with the statute of limitations for that. Before I connect you, is there anything else you'd like them to know?
Customer: Yes, what are my legal rights in this matter, because the lady at Etihad Airlines, tell me that the total amount of the air fare would be refunded to me, yet the local travel agent says etihad airlines want to charge me a cancellation fee, NOT TEN PERCENT BUT THIRTY SIX PERCENT (36.175%). i AWAQIT YOUR ADVICE IN THIS MATTER.)
Answered by John Melis in 11 hours 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

Does this help with your question today?

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