I purchased hotel accommodation in Cancun through flight centre…

Before i went to a tribunal, i am looking to get an understanding of my position from a legal perspective, i now live in Sydney so going to a hearing in Canberra would be a nuisance.

ACT Fairtrading have seemed to focus on the contract of sale and associated brochure with booking conditions, i forwarded them the sales contract and they said

"Thank you for the contract. Page 4 of the contract states that:

CANCELLATION CHARGES

The specific cancellation charges are detailed on the Booking Conditions

Page/s of each Infinity Holidays brochure and/or available from your

Travel Agent

REFUNDS

There may be fees for cancellations or unused services after travel has

commenced. Please return unused vouchers to your Travel Agent for advice

or to process, if a refund is due."

They then requested the brochure which i had never recieved and i downloaded from Infinity holidays website and got this clause for cancellations

It seems to me these clauses are vague and open to interpretation favoured toward the merchant to the extent they don't really have to be accountable, the reality is nobody would read them, especially if you are not provided with them, and what grounds would you have to negotiate them anyway? The travel agent at the desk probably wouldn't be authorised to change them, so I suspect it would probably be just a take it or leave it proposition.

It would seem (from there response) that ACT Fairtrading has deemed that these clauses mean that not much can be done about it, but i am still looking to where does the common sense lie, when you are purchasing a holiday are you required to get a lawyer engaged to review the contract? I have never heard of anybody doing this, and i doubt like i mentioned previously that there would be much room to negotiate on the terms and conditions anyway, they would be take it or leave it. So does this mean you can get run over and pushed out of the way by these companies?

Where does the common sense answer lie, i cant understand why flight centre doesn't have to give me an answer that states specifically why they don't have to refund my money? I told them i was asked to leave the hotel in the first place, and after 3 months there answer back to me is because i was asked to leave i cant get a refund, but why not? Given the other travel agent was able to get a refund, and it was during there booking i was asked to leave why couldn't flight centre achieve the same result.

Additionally they took so much time getting nowhere that mastercard has thrown up there hands and said they cant do anything because so much time has past.

Surely they have to be held accountable to these matters? and cant sit back on these clauses which essentially amount to being able to rip people of if anything changes.