As my overseas flight booked in February— business class…

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. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patients here has been so important. 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.

I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

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

I am so glad you contacted us, and I thank you for reaching out today.

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