The watchdog’s allegations was part of astring of scandals at the carrier business in recent months and led to the early exit of Qantas’ then chief executive,Alan Joyce,who announced he would retire two months ahead of schedule days after the case was launched.
Qantas’ share price has fallen by almost 30 per cent since Joyce’s departure,with new boss Vanessa Hudson issuing a number of apologies to shareholders. She’s also pledged the airlinewill soon become easier to deal with under her leadership in acknowledgement of Qantas’ severe reputation crisis.
In its submission to the Federal Court,Qantas said the ACCC’s allegations that it failed to operate a “particular flight” are wrong and denied all alleged contraventions of consumer law on the basis that no airline can ever guarantee specific flight times. Instead,Qantas said it must provide a bundle of rights which include alternative options in the event of a flight cancellation.
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Qantas’ submission,signed by its lawyer Michelle Laidlaw,said these terms are made clear in its conditions of carriage,a part of its contract with customers.
“The ACCC’s case ignores a fundamental reality and key condition that applies when airlines sell a ticket. While all airlines work hard to operate flights at their scheduled times,no airline can guarantee that. That’s because the nature of travel – when weather and operational issues mean delays and cancellations are inevitable and unavoidable – makes such a guarantee impossible,” Qantas reiterated in a statement to the Australian Securities Exchange.
The ACCC said in August the ghost flights were advertised and sold for an average of two weeks after they had already been cancelled. The consumer watchdog also alleges ticket holders on about 10,000 flights were not told their flight had been cancelled for between 18 and 48 days.