1. There's more to this forum than meets the eye!

    We have a vibrant community here conversing about all sorts of non-snow topics such as music, sport, politics and technology. Simply register to reveal all our Apr├Ęs topics or continue browsing and reading as a guest.

    NOTE: This notice may be closed.

    Dismiss Notice

Qantas Holidays changing fares once booked

Discussion in 'Passport' started by SnowMoo, Oct 13, 2008.

  1. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    Have booked a trip to Thailand in Jan with Qantas Holidays. We got a final price in a quote which we paid the deposit for.

    Now they ring me up today and say the price that I originally put the deposit on has gone up.

    Can they legally do this? I would think that based on my limited knowledge of contract law we agreed on a quote which we sealed in agreement by paying a 10% deposit. So how can they adjust the price once this has occurred?

    It's a bit like putting something on lay-by and having the price go up whilst it is on lay-by.

    What's to stop them from advertising at a low price just to sucker you in knowing that they will put the price up anyway. Surely this is false and misleading advertising.
     
  2. SnowYeti

    SnowYeti One of Us

    Joined:
    Oct 7, 2006
    Messages:
    1,985
    Likes Received:
    1
    Location:
    Sydney


    But wait, you've paid a deposit. I doubt they can do that. But taxes they may be able to - they can change price until you pay in full ???
     
  3. rangerider

    rangerider A Local

    Joined:
    Jun 14, 2008
    Messages:
    6,549
    Likes Received:
    167
    Yep they can unfortunately, you'll find it in the fine print that no one reads. The deposit really just holds your seat.
     
  4. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    So Australian laws don't apply to them in regards to contract law and trade practices?

    I'm thinking if say Harvey Norman advertised a $20,000 home entertainment system for $5,000 just to bring people in to buy it and a few people put it on lay-by at the agreed price of $5,000. But a week later they contacted those people and said sorry we're putting the price back up to $20,000 so you'll have to pay that.

    The catch is that if you cancel your trip they won't refund the deposit. You'll be able to use it as a credit note to other travel, but sorry you can't have your money back. So we've got your money, we screwed you over with the price on the original item you wanted to buy but you'll still need to buy something from us cause we sucked you in, in the first place.

    Corrupt!
     
  5. D-eye

    D-eye Photographer and skier Moderator Ski Pass: Gold

    Joined:
    Jan 21, 2001
    Messages:
    34,917
    Likes Received:
    4,769
    Location:
    Canberra
    was the price hike something to do with fuel, exchage rate or taxes ?
     
  6. snow king

    snow king First Runs

    Joined:
    Aug 10, 2007
    Messages:
    1,629
    Likes Received:
    1
    as rangerider said unfortunately they can do that,

    in fact with best flights they sent me the statement for my around the world airfare and i paid the amount in full the next day and they came back to me the same day they received my money and said the price is slightly more than what we said,
    i had to pay the remainder even though i had paid the statement amount in full because in there disclaimer it reads "Prior to full payment and issuing of all documentation, all fares are subject to change without notice". this meant that because the tickets hadnt been issued i had to pay the increased amount

    makes you wonder, they could wait as long as possible before issuing tickets and make you pay any increased costs along the way!!
     
  7. TACKIE

    TACKIE One of Us Ski Pass: Silver

    Joined:
    Apr 17, 2002
    Messages:
    1,909
    Likes Received:
    1,474
    Location:
    warmer climes
    Nearly every tour operator brochure has a clause in the terms and conditions relating to cost increases due to currency fluctuations. The price is never locked in until the final payment is made. It's called the fine print. It is a contract.
     
  8. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    Exchange rates.

    Sounds a lot like the petrol gougers to me. If we booked when the $AUD was low and it rose during the period of our booking, I'm sure they wouldn't call me back up and say that our trip was $500 cheaper. The door seems to swing only way.

    Additionally, in the T&C it says that the cost of the trip may go up even after we have paid in full. So we're paying in full by this Wednesday just to avoid the additional charge, but we're still not guaranteed that this is the final price until 30 days before departure.
     
  9. try hard

    try hard Hard Yards

    Joined:
    Feb 4, 2001
    Messages:
    898
    Likes Received:
    30
    Location:
    Sydney,Australia
    This has been a big issue of late. Not just Qantas holidays but it seems all travel companies. I agree totally with you Snowmoo. I'm in retail and Dept of Fair Trading would go right through you if this were the case in retail, but as rangerider says, when it comes to travel, it doesn't seem to be a 'contract' but a deposit just to hold your seat/accommodation. Doesn't seem fair to me.
     
  10. filbert_da_frog

    filbert_da_frog One of Us

    Joined:
    May 3, 2003
    Messages:
    2,349
    Likes Received:
    0
    Location:
    Brisbane
    My group is going through snowave to go to Japan in January, we received an email on Thursday basically saying that when you want to pay the remaining let them know and they will tell you according to the exchange rate at the time. Luckily most have paid in full but those who haven't are not impressed.
     
  11. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    Well I'm going to ask them on what date did they calculate the trip?

    And then on the 30th day before the trip calculate what the trip costs using the closing exchange rate of that day. No qualms if the $AUD has dropped and the trip costs more. But if the $AUD has gone up as compared to the original, I should ring them back up and ask for a refund of the difference.

    Sounds fair to me.
     
  12. oreo

    oreo One of Us Ski Pass: Gold

    Joined:
    Jun 15, 2007
    Messages:
    1,601
    Likes Received:
    588
    [​IMG] get a bit technical, but it IS A CONTRACT and like all contracts there are terms and cobditions, which will be found in the terms and conditions you likely did not read or bother even to obtain.
     
    #12 oreo, Oct 13, 2008
    Last edited by a moderator: Nov 11, 2013
  13. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    No they are right next to me. But not very descriptive. Don't worry Mrs Moo is a lawyer and is on the case.
     
  14. Nozawaman

    Nozawaman A Local

    Joined:
    Nov 7, 2002
    Messages:
    6,479
    Likes Received:
    2,589
    Location:
    Gold Coast/Nozawa Onsen
    Mate you are beating your head against a brick wall.
    You are lucky that you were offered vouchers for the deposit.
    They don't really give a rats, but I know how you feel I was charged $5 the other day to cash a " cash cheque " at the NAB which was given to me as a refund from a purchase. I know I am not talking the same dollars , but it's the same attitude there is nothing you can do about it.
    Do you think Mrs Moo might be able to do something about getting my 5 bucks back from the NAB....I made them give me a receipt.
     
  15. skiflat

    skiflat Old n' Crusty

    Joined:
    Aug 10, 1999
    Messages:
    37,144
    Likes Received:
    527
    They can do it
     
  16. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    I've watched the movie "the castle" enough times to know that it's mabo and it's the vibe. Mrs Moo is on the phone to them now. See what comes out of it.
     
    #16 SnowMoo, Oct 13, 2008
    Last edited by a moderator: Nov 17, 2013
  17. timyates87

    timyates87 First Runs

    Joined:
    Jan 3, 2008
    Messages:
    106
    Likes Received:
    0
    Location:
    Sydney, NSW
    did they give some warning? SkiMax (Qantas) gave me 2 weeks to pay the quoted price before they put up prices 30%.
     
  18. Snorkler

    Snorkler Part of the Furniture

    Joined:
    Jan 1, 1970
    Messages:
    18,268
    Likes Received:
    548
    Location:
    Melbourne, Vic
    We're you shown the terms and conditions before booking?

    This is strange because in my Job, if I don't put down in the contract/offer the exchange rate at which the price is applied, then the price I have quoted becomes the full price until the validity date. I can not at a point once the purchase order is placed go and decide to reneg on the price and raise it.

    You could always try and take them to court, but they bank on people not doing it. If you want advice, best to go to Slater and Gordon.

    Remember that just because something is in a contract does not make it right nor lawful.
     
  19. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    Success they have back peddled!

    Blew up about it to a CS Manager. I'm Plat too so dunno if that held any sway.

    So I carried on about how they only gave us 48 hours notice to pay when the original payment date was 15th of December. Also carried on about even though the T&C's state they may raise prices, I said that they have to give reasonable and sufficient notice. I stated that 48 hrs was highly unreasonable. Mrs Moo said to go the reasonable angle as it's more legally astute.

    Anyway after I ranted and raved how I could easily take the booking elsewhere and that I should be contacting the Dept of Consumer affairs or ACA, they went back to the original date and with the original price and mumbled something about their wholesaler changing prices. It was only an additional $200 but it was the principal of the thing that bugged me.

    Most probably they'll stick us now onto some crappy hotel room in revenge but we'll fight that fight at the time when it comes.

    I think they know that their T&C's don't have a leg to stand on in court and are counting on the fact that most people would just stump up the extra cash instead of fighting an increase. Mrs Moo said that most people are scared of T&C's because they think they are locked into them, but regardless they still have to be fair and reasonable.
     
  20. snow king

    snow king First Runs

    Joined:
    Aug 10, 2007
    Messages:
    1,629
    Likes Received:
    1
    well done SnowMoo,

    victories, regardless how small, always make you feel better [​IMG]
     
    #20 snow king, Oct 13, 2008
    Last edited by a moderator: Nov 11, 2013
  21. Born2ski

    Born2ski Part of the Furniture

    Joined:
    Aug 29, 2006
    Messages:
    15,497
    Likes Received:
    5,181
    Location:
    Brisbane
    Solution: Don't book with travel agents ! Book direct.
     
    #21 Born2ski, Oct 13, 2008
    Last edited by a moderator: Nov 17, 2013
  22. skiflat

    skiflat Old n' Crusty

    Joined:
    Aug 10, 1999
    Messages:
    37,144
    Likes Received:
    527
    Nah I'll take the $$$$ saved with an agent still [​IMG] Again on my upcoming trip was ALOT cheaper than booking directly!

    SnowMoo: You'll be stuck in seats next to the toilet no doubt now [​IMG] and your luggage wont' be on the same plane [​IMG]
     
    #22 skiflat, Oct 13, 2008
    Last edited by a moderator: Nov 17, 2013
  23. SnowMoo

    SnowMoo First Runs

    Joined:
    Jul 18, 2001
    Messages:
    4,015
    Likes Received:
    0
    Location:
    Canberra
    Thankfully the air component is not booked through Qantas. I used some FF points to get us Bizo class return tickets on BA.
     
  24. skiflat

    skiflat Old n' Crusty

    Joined:
    Aug 10, 1999
    Messages:
    37,144
    Likes Received:
    527
    AHh all good then [​IMG]
     
    #24 skiflat, Oct 13, 2008
    Last edited by a moderator: Nov 11, 2013
  25. Born2ski

    Born2ski Part of the Furniture

    Joined:
    Aug 29, 2006
    Messages:
    15,497
    Likes Received:
    5,181
    Location:
    Brisbane
    Mmmmmmm......Nah.
    I'll still take my $198 apartment over a $769 one. [​IMG]
    Do you get breakfast in bed for that price ? [​IMG]
     
    #25 Born2ski, Oct 13, 2008
    Last edited by a moderator: Nov 17, 2013
  26. skiflat

    skiflat Old n' Crusty

    Joined:
    Aug 10, 1999
    Messages:
    37,144
    Likes Received:
    527
    [​IMG] All about personal choice!

    The +1 can provide breakfast AND desert in bed in the mornings [​IMG]
     
    #26 skiflat, Oct 13, 2008
    Last edited by a moderator: Nov 17, 2013
  27. Born2ski

    Born2ski Part of the Furniture

    Joined:
    Aug 29, 2006
    Messages:
    15,497
    Likes Received:
    5,181
    Location:
    Brisbane
    Ahhh...Now I understand your choice. [​IMG]
     
    #27 Born2ski, Oct 13, 2008
    Last edited by a moderator: Nov 17, 2013
  28. Nozawaman

    Nozawaman A Local

    Joined:
    Nov 7, 2002
    Messages:
    6,479
    Likes Received:
    2,589
    Location:
    Gold Coast/Nozawa Onsen
    Does she have a sister ?????
     
  29. ratherb@thesnow

    ratherb@thesnow Hard Yards

    Joined:
    Jul 25, 2007
    Messages:
    866
    Likes Received:
    38
    Location:
    victoria
    We got the same email, I guess I will hold out in the hope that the Aust $ goes up before our final payment due date in Dec
     
    #29 ratherb@thesnow, Oct 14, 2008
    Last edited by a moderator: Nov 17, 2013
  30. main street

    main street Doing what I want. Ski Pass: Gold

    Joined:
    Jul 11, 2006
    Messages:
    70,456
    Likes Received:
    4,432
    Location:
    Kelowna, BC
    [​IMG] [​IMG]
     
    #30 main street, Oct 14, 2008
    Last edited by a moderator: Nov 17, 2013
  31. main street

    main street Doing what I want. Ski Pass: Gold

    Joined:
    Jul 11, 2006
    Messages:
    70,456
    Likes Received:
    4,432
    Location:
    Kelowna, BC
    The way the $$ is behaving I'd be tempted to wait until the last minute....

    Overnight our $$ has rallied to nearly .70 US, .80 CAN & 71 Yen.

    All the panic was set off by travel agents when our $$ hit .62 US.
     
  32. Snorkler

    Snorkler Part of the Furniture

    Joined:
    Jan 1, 1970
    Messages:
    18,268
    Likes Received:
    548
    Location:
    Melbourne, Vic
    That's not nice to talk about your +1 like that, but then you must be doing something wrong if it's a bit dry in the bedroom.
     
    #32 Snorkler, Oct 14, 2008
    Last edited by a moderator: Nov 17, 2013
  33. main street

    main street Doing what I want. Ski Pass: Gold

    Joined:
    Jul 11, 2006
    Messages:
    70,456
    Likes Received:
    4,432
    Location:
    Kelowna, BC
    [​IMG] [​IMG] [​IMG]

    Not to mention that the sand gets into all sorts of places..... [​IMG] [​IMG]
     
    #33 main street, Oct 14, 2008
    Last edited by a moderator: Nov 11, 2013
  34. californiadream

    californiadream First Runs

    Joined:
    Feb 24, 2008
    Messages:
    800
    Likes Received:
    0
    Free vs Jetstar [2007] VCAT 1405 (Judge Alan Vassie) decided Jester's terms were unfair and void. I wonder what's fair about a one-sided agent's contract that says 'we can up the price (but don't have to lower it)'.
     
  35. darnudes

    darnudes First Runs

    Joined:
    Oct 27, 2008
    Messages:
    1
    Likes Received:
    0
    They can legally do this. It states in the contract you agree to that the price is "subject to price increases till paid in full". It has nothing to do with false and misleading advertising. The sooner "lay" people get their heads around this the better.

    Unfortunately, since the inception of the internet, anyone who does 2 mins of research on the net is then a travel expert. Not so my friends. It takes MANY years of experience to understand all the many particulars of the Travel Industry. Cheap does not always equate with best.

    The problem being for wholesalers, of who, Qantas Holidays is one, is that they are at the mercy of the airlines and suppliers of the land content, you know, hotels, transfers, tours and so forth. The airlines can put up their fares, taxes and fuel increases at ANY time, and someone has to wear it. The supplier contracts are "contracted" in US dollars, so when the AUD falls in relation to the USD then obviously your booking is going to increase. No one, however can touch you if you are paid in full. I advised people many times and very emphatically to pay their bookings in full and soon, this was only a couple of months ago. But did they listen....no. They expected the dollar to stay at the rate that it was and inexperienced travel agents, or dopey travel agents did not advise their clients as well as I did, or the clients did not listen. Either way, grief all round. Some of us out there try to do the right thing.

    You first thought shouldn't be that someone is trying to rip you off. If you only knew what it was like to work in the Industry you wouldn't say that.
     
    #35 darnudes, Oct 27, 2008
    Last edited by a moderator: Nov 17, 2013
  36. Snorkler

    Snorkler Part of the Furniture

    Joined:
    Jan 1, 1970
    Messages:
    18,268
    Likes Received:
    548
    Location:
    Melbourne, Vic
    Just because something is written in a contract doesn't make it legally correct