We live in NSW, and secured #2 rail travel tickets via 20% deposit $1200 to undertake an Indian-Pacific train journey

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Customer: We live in NSW, and secured #2 rail travel tickets via 20% deposit $1200 to undertake an Indian-Pacific train journey from Sydney to Perth) via a Travel Agent Holidays of Australia (registered in SA) to travel with Operator - Journey Beyond Rail in December 2021. With COVID-19 the Train Travel was suspended ie no entry NSW into WA because of lockdowns however the balance of our tickets purchase fell due in October 2021 and we have refused to pay the balance because of NO RAIL SERVICE CERTAINTY, DO NOT WANT A CREDIT TO TRAVEL IN 2022 (NOT SUITABLE) JUST WANT A REFUND of our $1200 deposit given the extraordinary COVID-19 Pandemic circumstance. We are being asked to send a letter of cancellation which we are not prepared to do because we are not cancelling - the trip cannot be guaranteed. In fact as at October 2021 (when the balance of the purchase price was due) the travel was cancelled by the government into WA until further notice. I think the travel contract did no cover this scenario and that we are entitled to a refund rather in these circumstances - please advise/enlighten
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Purchase made 02/06/2021. I live in NSW however the travel Agent head office (online ) is in South Australia.
JA: Have you contacted the seller or manufacturer?
Customer: YEs we have - Travel Agent and the rail Operator. Travel agent requires full payment or cancellation. In that the event that the rail service not back in operation, the travel agent will provide us with a Credit for the value to travel in the next 12 months which does not suit. This trip was a bucket list for us 2021.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have lodged negative reviews on each of the websites for the Operator & the travel agents. The key item I require clarification on is Consumer Protection available and which jurisdiction would apply - NSW, SA or WA?
Answered by John Melis in 17 mins 7 months ago
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John Melis
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John Melis
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

​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.

The Australian consumer law will protect you under the consumer guarantees that apply to all Australians.

May I suggest that you 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!

Enclosed in this correspondence copies of the terms and conditions of the policy.

Where no response is received, you can then raise a claim in the Tribunal or Court for compensation (refund of your money).

Customer
Thank you for your email.
Appreciate the guidance.
No further action required.
Regards
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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