Qantas argues it didn’t break the law by selling tickets on ghost flights. Lawyers aren’t so sure.
The ACCC’s claim against Qantas over ghost flights is a simple case of consumer law, which is bad news for Qantas.on background, because of potential conflicts, explained the case was about conduct “that is misleading or likely to mislead”.
Qantas is also resisting any suggestion it collected a “fee for no service” – because customers were put on other flights as close as possible to their original time, or offered a full refund.“In purely legal terms, the ACCC’s case ignores a fundamental reality and a key condition that applies when airlines sell a ticket,” the airline said in its statement to the ASX.
If there is one break for Qantas it is that the ACCC is operating under the old penalty regime because the conduct occurred before November 2022.The new regime increases fines from a maximum of $10 million to $50 million, or three times the value derived from the relevant breach, or 30 per cent of the company’s turnover over the period it engaged in the conduct.
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