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Jessica
Consultant
John Melis, Expert
Thank you for reaching out today. I appreciate your matter is urgent. My name is***** solicitor, and I am in Australia. You will be able to resolve this issue. I suggest as a first attempt that you try mediation. You can do mediation without the assistance of a lawyer. If you still can't get the matter resolved by communication, then engage a lawyer to help you communicate on your behalf.
I want to thank you for taking the time to speak with me today.
John Melis, Expert
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 misleading conduct claim.
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, 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 reviewed the conditions, you can then raise a claim in the Tribunal or Court.
Your satisfaction means everything to us.
I thank you for reaching out today, and I look forward to hearing from you soon.
John Melis, Expert
Respectfully, I'm trying to help you with your question, and if you follow the steps I've raised above this will give you the best chance to get your money back.
I kindly request that you refresh your screen and click five stars as this helps me support the community and your questions.