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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.
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.
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
You may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.
An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.
COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2
The Australian Consumer Law
18 Misleading or deceptive conduct
(1) A http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s152ac.html#person must not, in trade or commerce <http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s4.html#trade_or_commerce>, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
(2) Nothing in Part 3-1 (which is about unfair practices) limits by implication http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s152cd.html#subsection (1).
The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.
Your claim may be brought into the local tribunal.
You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.
The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.
In most cases at mediation the matter will settle.
The matter is Civil.
You will be the applicant and the insurer the respondent.
The important filing document is the points of claim. This document needs to be carefully drafted.
What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.
The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.
I recommend that you download the application first, complete the same and then upload as required to commence the claim.
The following link will assist you further.
Thank you for reaching out today.
You have a legal right to protect your interests in this important situation.
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