Australia Law
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Answered in 1 hour by:
9/3/2011
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedIt seems odd for a travel agent to cancel the return component of a ticket without any reason. Is your friend certain the problem was with the travel agent and not some problem with the airline? Has the agent offered any explanation or are they simply denying any knowledge of the problem? Are the funds for the unrefunded ticket held by the airline or the agent?
What you have to prove and the available causes of action will depend on the answers to these questions.
tickets are issued by airlines, and not by travel agents. If the ticket showed that the flights were "confirmed" then this is something the airline must have done and indicates the agent had confirmed the tickets as required.
Unfortunately, the fact the airline did not accept that the return tickets were confirmed does not itself indicate the travel agent had canceled the confirmation, and without some clear evidence the agent had done so, a court is unlikely to accept that the agent would have taken on the work of canceling a client's confirmation for no reason. I cannot even guess a motive for an agent to do so.
What I suspect has happened is that the airline has either made a mistake, or that the airline's terms and conditions of ticket sale require passengers to confirm the tickets a short time prior to their use and the mere stamping of the tickets as 'confirmed' does not dispense with this requirement.
I suggest that the ticket's conditions be closely examined and that you address your complaints to the airline. If they are adamant that your agent contacted them and canceled the booking ask them to put a statement in writing to that effect and then you will be in a stronger position to claim against the agent.
This may not be the answer you were hoping to hear, but I assists and if you agree, please click the acceptance button.
Good luck.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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