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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would like to talk to someone about my rights

Resolved Question:

Hello,
I would like to talk to someone about my rights with regards ***** ***** dispute with Qantas. Essentially we were falsely made to purchase a 2nd ticket for myself when travelling to Australia to the value of £1600! I am Australian with a valid UK and AUS passport. I booked my flight to Australia with my UK passport and the qantas ground staff would not let me board the plane with my family on the day we were to go to Australia - because I had not booked under my Australian passport. This was incorrect and they have apologised for the inconvenience and started negotiations with me for compensation.
Qantas have recognised that they made a mistake and after negotiations have agreed to cover the £1600. Initially they agreed to cover the cost of the first unused ticket at £850, they then increased their offer to the full price of £1600 ticket.
Unfortunately, we suffered a great deal of stress and loss of holiday enjoyment as the loss of £1600 compromised our holiday greatly. I have asked Qantas to reimburse us for the £1600 and also 4 flights for my family to retake our holiday.
They have now issued a 4 day time frame with which I need to respond to their 'final offer' (!) given that I have been writing to them for 2 months to sort this out!
Do you think I should take the £1600 compensation or do I have a legal right to more compensation due to loss of holiday, stress incurred etc? We saved tirelessly for our holiday and had to go without so much in Australia because of this situation. It seems horrific that they can just refund the ticket with no recourse with regards ***** ***** our entire holiday was compromised.
Kind regards
Jenelle Clifford
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Jenelle my name i Alex and I will help you with this.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Hello Alex,

Sorry, I don't think this has been answered. I have indeed set out my losses. Qantas came back once offering only the original flight refund (£850) and $300 in compensation. I set out my losses again and Qantas increased the compensation to cover the £1600 flight and a further $500. They also issued a deadline to accept.

Please see my note to you above.

Do you think I should take the £1600 compensation or do I have a legal right to more compensation due to loss of holiday, stress incurred etc? We saved tirelessly for our holiday and had to go without so much in Australia because of this situation. It seems horrific that they can just refund the ticket with no recourse with regards ***** ***** our entire holiday was compromised.

Please could you answer this question?

Thank you

Jenelle

Expert:  Ash replied 1 year ago.
I dont think you should take the £1600. You should claim ALL your direct losses you have incurred.
You are entitled to more than JUST the ticket.
Does that help?
Alex
Customer: replied 1 year ago.

Hello,

Thank you very much. We will continue our claim and hope we can obtain more.

Kind regards

Jenelle

Expert:  Ash replied 1 year ago.
Ok good luck.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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