Echo Law has commenced a class action in the Federal Court of Australia on behalf of Jetstar customers who held tickets for domestic or international flights cancelled by Jetstar between 2020 and 2022 during the COVID-19 pandemic.
The class action is based on allegations that Jetstar failed to refund customers’ payments for those flights, despite being legally obliged to do so.
Instead, Jetstar issued the majority of its customers with travel credits (also called travel vouchers), which were subject to significant restrictions. Accordingly, those travel credits were of much lower value to customers than the refunds to which customers were entitled.
By acting in this way, Jetstar has enjoyed significant financial benefits at its customers’ expense.
We consider that affected Jetstar customers may be entitled to compensation, even if they have used the travel credits they were issued.
Register 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:
- Covid-19 travel restrictions ‘frustrated’ Jetstar travel contracts, causing these contracts to be automatically terminated and giving customers a right to automatically recover money paid under those contracts.
Under Australian law, an event is ‘frustrating’ if it occurs without default of either party and renders the performance of contractual obligations impossible or radically different from what was originally contemplated.
- Jetstar’s failure to issue refunds was a breach of contract.
- Jetstar engaged in misleading or deceptive conduct in contravention of Australian Consumer Law, by misleading customers as to their rights in the event of widespread COVID cancellations.
- By holding customer’s funds that ought to be refunded, Jetstar attained unlawful financial benefit (including from the interest accrued).
- Jetstar have engaged in a system or pattern of unconscionable conduct, in contravention of Australian Consumer Law.
