How this defence plays out in the courts, or in settlement negotiations with the ACCC, remains to be seen.By this definition, booking a ticket sounds more like a lucky dip or maybe one of those mystery flights that airlines used to sell.
And if you follow this legal defence to its head-scratching conclusion, Qantas has not – as the competition regulator has alleged – deceived or misled customers even if it booked customers on cancelled flights. Because Qantas says it wasn’t selling a flight, it was selling a service, and it provided a replacement service.Rather it contends that “Qantas made no representation, at any time, that any particular flight had NOT been cancelled”.
Qantas was essentially saying that it was trying to find solutions before the customers knew there was a problem and took it upon themselves to fix it.
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