Airlines refuses to pay back a refund. Nsw. We(4)were going to Bali on 22/5 and because of covid the trip was

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Customer: Virgin airlines refuses to pay back a refund
JA: What state/territory is this in? It matters because laws vary by location.
Customer: Nsw
JA: What steps have been taken so far?
Customer: We(4)were going to Bali on 22/5 and because of covid the trip was cancelled,we got money back for hotel.Wotif who we booked with have been helpful and they have put in a request to Virgin to get a refund.They have now come back with that the ticket was non refundable and offers us a ticket back to Bali and to be used at the latest 21/4 2021.We all know that is not possible because of covid and leaving Australia etc.Virgin has $2560 that is ours and we want it back.Shall we maybe use my friends banks credit card insurance? It has been almost 6 months.Thanks Helen
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just want to know how to get the money back and I wonder who has the money,wotif or Virgin, it was a pacideal but we booked the flight ourselves.
Answered by John Melis in 5 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. If I understand you correctly I suggest the following:

​The first step is to consider the terms and conditions, including those online.

If the agency or third-party is not acting appropriately with refunds or changes to bookings, you may raise a claim for misleading conduct.

Customers have a set of consumer guarantees when purchasing most products or services.

The consumer is entitled to protection under the Australian Consumer Law. If the business fails, it gives rise to a claim.

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 apply regardless of whether an item is on sale.

If the customer has changed their mind, the seller does not have to refund. However, if the seller has the policy to offer a refund, exchange or credit note if a customer changes their mind, then this policy should be displayed at the point of sale.

Business cannot:

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

2. not act unconscionably, when dealing with their customers;

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

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 the evidence you have on the case.

When you draft this correspondence, prepare it in chronological order.

Where no response is received, and you have reviewed the conditions, you can then raise a claim in the Tribunal or Court.

​The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.

Before raising a claim in NCAT, you should file for mediation at Fair Trading. If the matter does not settle at Fair Trading, then obtain a certificate that mediation failed, and commence an action at NCAT.

In most cases at mediation, the matter will settle.

Your case is civil.

You will be the applicant. The other party is the respondent.

The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.

Draft the complaint in a chronological order detailing the issue and what action you have taken to try and rectify the matter.

The alternative is to apply to the local court. In court, you may recover your legal fees.

The following link will assist you further. http://www.ncat.nsw.gov.au

There are various help menus on the website that will assist you in finalising the application.

Make sure you have all your evidence for the case.

Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.

​I thank you kindly for reaching out today.

I appreciate your assistance with a rating of five stars, as this helps me support the community.

If there is anything else, big or small, that I can help you with today, please let me know?

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