VIC Cancelled Tigerair Flights - Breach of Australian Consumer Law?

[tfrago01]

I had a flight with Tigerair from Melbourne to Bali booked from the 23rd of January to the 8th of February. If you hadn’t heard already, Tigerair had problems with their contract with the Indonesian government and had to suspend all flights. Today, 19th of January, they posted on their website that they will be resuming flights from the 2nd of February and that all flights prior to this will be cancelled and I will be refunded the full amount. I am sure that like many other people that have had their flight cancelled a simple refund of the cost of the flights will not suffice.

What I want to know is if there is some Australian Consumer Law or something that they may not be abiding to so that I can pressure them into compensating me with a flight with another airline for the same period instead of a refund.

 

[Tim W]

.......a simple refund of the cost of the flights will not suffice.

Why not?

 

[Victoria S]

I can see where you are coming from - if you had to be at your destination at a certain time and all flights our now booked. Or you based your trip on a particular flight cost - which is now unavailable its not sufficient simply to be refunded.

However I'm not sure that the ACL would entitle you to more than a refund. And in circumstances where it does, it would unlikely be worth the effort and cost to pursue the airline for it.

Do you have travel insurance?

 

[Tim W]

I can see where you are coming from - if you had to be at your destination at a certain time and all flights our now booked. Or you based your trip on a particular flight cost - which is now unavailable its not sufficient simply to be refunded. However I'm not sure that the ACL would entitle you to more than a refund. And in circumstances where it does, it would unlikely be worth the effort and cost to pursue the airline for it. Do you have travel insurance?

It may be helpful to understand that, as a general thing, airlines agree to carry you at some point.
They do not always agree to carry you on a particular individual flight.
So, even if you do book a seat on Flight 123, the T&Cs usually contain a clause that allows them to change you around. (often in very small print).
So yes, an airline is almost always within its rights to offer you an alternative flight, or to offer you a refund.
Both those things are consistent with the Australian Consumer Law.

Further, the airline is not always and automatically liable to you for downstream losses if, say,
you are flying to, say, Brisbane for some event - a concert, or a footy match,
and you miss it due to a cancelled or delayed flight.
Again, T&Cs of the ticket usually say something to that effect (often in very small print)