Qantas Travel Credits Class Action
Australia’s largest airline, Qantas, is facing a class action lawsuit due to flights cancelled during the Covid-19 pandemic and its reliance on vouchers and travel credits for affected consumers.
Echo Law has commenced a class action on behalf of Qantas customers who held tickets for domestic or international flights cancelled due to COVID-19 travel restrictions.
(Echo Law is a plaintiff law firm, specialising in class actions against established interests.Our unique structure ensures that we exist to deliver results that truly matter, that we advance social justice causes and that we grow the next generation of progressive lawyers).
Qantas customers were entitled to a full cash refund for those cancelled flights. Instead, Qantas issued the majority of its customers with travel credits or vouchers, which were subject to significant restrictions and would expire if not used. Accordingly, those credits were of much lower value to customers than the refunds to which they were entitled.
By acting in this way, Qantas has enjoyed significant financial benefits at its customers’ expense.
We consider that affected Qantas customers are entitled to compensation, even if they have used the credits they were issued.
Register with Echo Law by clicking the button below. It does not cost any money to register and you will never be ‘out of pocket’ as a result of participating in this class action.
Allegations
The class action is based on allegations that, by its response to flights cancelled due to COVID-19 travel restrictions, Qantas:
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Breached its contracts with customers by failing to provide cash refunds for cancelled flights (or failing to provide refunds in a timely manner) and instead providing travel credits.
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Engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law by misleading customers as to their rights on flights cancelled due to COVID-19.
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Unlawfully benefited from customers by holding for years a very significant amount of customer funds that ought to have been refunded.
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Engaged in unconscionable conduct in contravention of the Australian Consumer Law.
Who can participate in the class action?
If you held tickets for a Qantas flight which was cancelled due to the COVID-19 travel restrictions, you may be eligible to participate as a group member in this class action. This claim has been issued on an open class basis. This means if you are eligible, you will automatically be included as a group member in this class action.
Even if you have since used the travel credits issued by Qantas, or were eventually able to obtain a refund, you may still be entitled to compensation.
You can register for this class action by clicking the ‘Register Now’ button above. You will also receive regular updates from Echo Law about the progress of the class action if you register now. You do not need to do anything else at this stage.
What is the class action seeking to recover?
In addition to seeking refunds of any outstanding amounts due to Qantas customers, and compensation representing the difference between the ‘value’ of the credits issued to customers as compared to a cash refund, the claim seeks to recover an award for interest and for consequential losses – for example, compensation for ‘loss of use of money’, which recognises the impact on customers who were deprived of a significant sum of money for a lengthy period of time.
In addition to seeking refunds of any outstanding amounts due to Qantas customers, and compensation representing the difference between the ‘value’ of the credits issued to customers as compared to a cash refund, the claim seeks to recover an award for interest and for consequential losses – for example, compensation for ‘loss of use of money’, which recognises the impact on customers who were deprived of a significant sum of money for a lengthy period of time.
Costs
There are no out of pocket costs to participate in this class action.
This proceeding is supported by third-party litigation funding . This means you will not have to pay any money out of your own pocket for legal fees or related expenses and you will not be responsible for paying any costs if the class action is unsuccessful.
If the class action is successful and financial compensation is recovered from Qantas, legal costs payable and a funding commission for the litigation funder will be deducted from the amount of compensation recovered for group members. These costs will never exceed the amount of compensation to which you may otherwise become entitled and will be assessed by the Court to ensure any legal costs deducted from the amount of any compensation are fair and reasonable.
Frequently Asked Questions
I held tickets for a Jetstar flight. Can I participate ?
While this claim is currently in relation to Qantas flights, we are also investigating similar claims for customers who held tickets for Jetstar flights cancelled due to COVID-19 travel restrictions. Jetstar customers are invited to register their interest by clicking the ‘Register Now’ button above. If you register your interest, we will keep you updated if a similar claim is brought in respect of Jetstar customers.
I booked my tickets through a Third Party. (Such as a travel Agent or on line booking agency) Can I still participate?
Yes, you can still participate if you booked your tickets through a third party such as a travel agent or online booking platform.
I have used my Travel Credits or eventually received a refund for my cancelled flight.Can i still participate ?
When you register, you will have the option to specify if you have used the credits you received, or have since obtained a refund for your flights. Even if you have used your credits or eventually obtained a refund, you may still be eligible to participate if you experienced loss or damage (such as ‘loss of use of money’ while you were waiting for a refund).
Should I still seek a refund from Qantas directly?
Yes, if you are able to obtain a refund from Qantas outside the class action, you should seek to do so.
Even if you eventually obtain a refund from Qantas directly, you may still be entitled to compensation for losses you have suffered – for example, for interest or for the ‘loss of use’ of the money held by Qantas for a lengthly period of time. Accordingly, we would encourage you to still register your interest in the class action by clicking the ‘Register Now’ button at the top of the page.
Are You bringing similar claims against other airlines ?
While this class action is only against Qantas, if you wish to provide details of another airline, you may do so via the registration form. If you register your interest, we will keep you updated about other similar claims we are investigating.
What is a group member?
A class action is a proceeding that is brought by one or more persons on their own behalf and on behalf of a group of people (called group members) who have similar claims against another person or persons.
If you held tickets for a Qantas flight which was cancelled due to the COVID-19 travel restrictions, you may be eligible to participate as a group member in this proposed class action.
What information do I need to provide to register as a group member ?
When you register, you will be asked a number of questions about your flight cancellation and whether you received travel credits. Answer these questions as best you can, but don’t worry if you are unsure of any particular detail, as your information can be revised at a later date. You can click on the ‘Register Now’ button above to register your details.
If you have copies of any documents evidencing your flight cancellation and receipt of travel credits, such as any emails sent from Qantas to you, you can upload these when you register or, if more convenient, you can email these to enquiries@echolaw.com.au. We may contact you to verify your registration and follow up on any outstanding materials.
Why should I register?
Registration is not compulsory, but there is no cost to register and there are a number of reasons why you should consider registering for this class action now:
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First, it allows Echo Law to confirm you are a group member, to provide you with updates in relation to the class action, and to contact you if you become eligible to receive compensation.
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Second, by registering now you can ensure that you avoid missing any future deadlines for registration if you are eligible to receive compensation.
Group members can cease to participate in a class action by taking steps to opt out of the class action. This is called the ‘opt out’ process and will occur at a later stage in the proceeding. Group members who have opted out of a class action will not be bound by its outcome. There is nothing you need to do at the moment if you do not wish to participate in this class action. Group members will be contacted at a later date in relation to opt out.
If you do wish to participate in this class action, there is nothing you need to do at this stage other than registering your interest.
Group members in a class action are not individually responsible for the legal costs associated with bringing a class action and group members do not pay out of pocket costs by participating in a class action. If the class action is unsuccessful, group members will not pay any cost. If the class action is successful and financial compensation is recovered from Qantas, legal costs payable will be deducted from the amount of compensation recovered for group members. These costs will never exceed the amount of compensation to which you may otherwise become entitled and will be assessed by the Court to ensure any legal costs deducted from the amount of any compensation are fair and reasonable.
The lawyers running the claim are from the law firm Echo Law.
Echo Law is a class actions focused law firm founded by experienced legal professionals who have a proven track record of success in the industry.
You can read more about us, and our track record on our website here.
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If you have a question that has not been answered, you can email us at enquiries@echolaw.com.au
Further Enquiries
If you wish to register your interest in this class action, you can do so by clicking the ‘Register Now’ button above.
If you have a question that is not addressed in the FAQs above, you can also contact Echo Law to discuss the class action by sending an email to enquiries@echolaw.com.au or calling Echo Law on (03) 7046 3565.
Please note that while we will seek to respond to you as soon as possible, there may be some delay before you receive a response.