Qantas, Alan Joyce’s personal play thing.
Perception……………
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The consumer watchdog has launched legal action against Qantas, alleging the airline advertised tickets for 8000 flights that had already been cancelled but
not removed from sale.
In an explosive revelation, the Australian Competition & Consumer
Commission alleged that the flights in question were scheduled to depart
between May and July 2022, and Qantas kept selling tickets for an average of more than two weeks after they were cancelled.
A statement by the ACCC alleged that for more than 10,000 flights scheduled to depart in that period, Qantas did not notify existing ticketholders their flights had been cancelled for an average of 18-days and in some cases for up to 48-days.
The ACCC further alleged that Qantas did not update its "Manage My
Booking" web page for ticketholders to reflect the cancellation.
"This conduct affected a substantial proportion of flights cancelled by Qantas between May to July 2022." said the ACCC.
"It's alleged that for about 70 per cent of cancelled flights, Qantas either continued to sell tickets for the flight on its website for two days or more, or delayed informing existing ticketholders that their flight was cancelled for two days or more, or both."
not removed from sale.
In an explosive revelation, the Australian Competition & Consumer
Commission alleged that the flights in question were scheduled to depart
between May and July 2022, and Qantas kept selling tickets for an average of more than two weeks after they were cancelled.
A statement by the ACCC alleged that for more than 10,000 flights scheduled to depart in that period, Qantas did not notify existing ticketholders their flights had been cancelled for an average of 18-days and in some cases for up to 48-days.
The ACCC further alleged that Qantas did not update its "Manage My
Booking" web page for ticketholders to reflect the cancellation.
"This conduct affected a substantial proportion of flights cancelled by Qantas between May to July 2022." said the ACCC.
"It's alleged that for about 70 per cent of cancelled flights, Qantas either continued to sell tickets for the flight on its website for two days or more, or delayed informing existing ticketholders that their flight was cancelled for two days or more, or both."
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Qantas finally buckles on flight credits, scraps refund deadlines
Qantas has bowed to public pressure and scrapped its December 31 deadline for passengers to claim their flight credits.
Matthew Benns@MatthewBenns
less than 2 min read
August 31, 2023 - 10:12AM
Qantas CEO Alan Joyce. Picture: NCA NewsWire / Aaron FrancisQantas has bowed to public pressure and scrapped its December 31 deadline for passengers to claim their flight credits.The airline is expected to announce the decision today with a video from chief executive Alan Joyce apologising to customers for botching the refunds.
Mr Joyce was grilled by the senate cost of living inquiry on Monday where he and his executives were forced into admitting there were $150 million more in outstanding credits than previously thought.
Qantas had said it still owed $370 million in flight credits from the Covid shut down but it emerged Jetstar also owed more than $100 million and overseas passengers at least another $50 million.
It is understood the airline will ditch the December 31 deadline to claim credits and allow them to sit indefinitely. However Qantas passengers who book another flight with the credit by the end of the year will earn double frequent flyer points.
More Coverage
Qantas advertised 8k tickets for dud flightsAfter that time Qantas passengers will be able to get their money back.
Jetstar and overseas passengers were never entitled to a refund and will simply have their credit remaining to use when they want.
It is the fourth time the airline has moved the deadline with airline sources indicating that it felt a deadline was the best way to push passengers to reclaim their money.
When you live....
Qantas also being prosecuted by the ACCC for continuing to sell tickets on flights it had already cancelled - false, misleading or deceptive conduct.
Don't have the link handy - in today's AFR.
Don't have the link handy - in today's AFR.
Thread Starter
ACCC sues Qantas for selling tickets on cancelled flights
Ronald Mizen and Ayesha de KretserAug 31, 2023 – 10.10amSave
ShareQantas faces tens of millions of dollars in fines over allegations it engaged in false, misleading or deceptive conduct by advertising tickets for more than 8000 flights it had already cancelled.
The Australian Competition and Consumer Commission on Thursday alleged Qantas sold tickets for flights an average two weeks and up to 47 days after they were cancelled between May and July last year, causing chaos for travellers.
Qantas faces tens of millions in fines if it is found to have breached consumer law. Getty Images The ACCC also alleges the airline cancelled 15,000 of 66,000 scheduled flights over the same period. For 10,000 cancellations, it took on average 18 days and up to 48 days to notify ticket holders, the watchdog says.ACCC chairwoman Gina Cass-Gottlieb said Qantas’ actions “left customers with less time to make alternative arrangements and may have led to them paying higher prices to fly at a particular time”.
The watchdog launched action on the cancellations in the Federal Court. It comes a week after Qantas announced a record $2.5 billion profit for last financial year and amid a firestorm over its failure to refund an estimated $500 million in pandemic-era flight credits.
Just minutes after the ACCC announced the court action, Qantas said it would scrap the arbitrary December 31 expiry date for credits.
Qantas said it would examine the ACCC allegations and respond through the court, but stressed the period under review was “a time of unprecedented upheaval for the entire airline industry.”
“Airlines were experiencing well-publicised issues from a very challenging restart, with ongoing border uncertainty, industry-wide staff shortages and fleet availability causing a lot of disruption,” Qantas said in a statement.
The court action will raise awkward questions for the Albanese government, which labelled Qantas’ record profit “a good news story” and said it blocked Qatar Airways’ bid for 28 more flights a week to protect Qantas.
Treasurer Jim Chalmers said the allegations were “deeply concerning” but the Albanese government would not make any further comment while the matter was before the court.
Tens of thousands affected
Ms Cass-Gottlieb said Qantas’ actions, which were deliberate and within its control, probably affected the travel plans of tens of thousands of people.“We allege that Qantas made many of these cancellations for reasons that were within its control, such as network optimisation including in response to shifts in consumer demand, route withdrawals or retention of take-off and landing slots at certain airports,” she said.
“This case does not involve any alleged breach in relation to the actual cancellation of flights, but rather relates to Qantas’ conduct after it had cancelled the flights.
“Cancelled flights can result in significant financial, logistical and emotional impacts for consumers.”
In one example, ticket holders for Qantas flight QF93 from Melbourne to Los Angeles on May 6, 2022, were notified of the cancellation on May 4, two days before the scheduled departure and four days after it was cancelled.
One consumer was provided with a replacement flight a day before their original departure date, which was communicated only by the Qantas app.
As a result, the consumer had to change connecting flights and had a 15-hour layover in Los Angeles, which had a significant impact on the consumer and left them $600 out of pocket.
In another example, Qantas sold 21 tickets for QF73 from Sydney to San Francisco scheduled to depart on July 28, 2022, after it had cancelled the flight, with the last ticket being sold 40 days after cancellation.
The ACCC is seeking orders including penalties, injunctions, declarations, and costs.
The maximum penalty an individual breach of consumer law is the greater of $10 million, three times the total benefits that have been obtained and are reasonably attributable, or 10 per cent of the company’s annual turnover.
A lack of competition among airlines is responsible for more law breaches in aviation than in more competitive industries, a report from independent economic think tank e61 this week revealed.
“There have been 12 infringement notices and enforceable undertakings issued over 30 years in the airline industry, which is famously dominated by a small number of companies,” the report said
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The chickens are all coming home to roost finally for Joyce. Couldn’t happen to a nicer ####
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Vanessa Hudson has an opportunity to show nuclear leadership here - Day 1 Task 1: Close the Chairman's Lounge with IMMEDIATE effect.
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This has really just become an embarrassment.
He should just go today, forget November, just go now.
He should just go today, forget November, just go now.
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The Board too PoppaJo.
They've completely disregarded their obligations to ensure that Qantas was managed with the highest standards of ethics and integrity, and the Chairman should hang his head in shame at just how much damage has been done to the once highly respected Qantas brand under his so-called leadership.
They've completely disregarded their obligations to ensure that Qantas was managed with the highest standards of ethics and integrity, and the Chairman should hang his head in shame at just how much damage has been done to the once highly respected Qantas brand under his so-called leadership.
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He should just go today, forget November, just go now.
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brokenagain said in response to PoppaJo's comment that Joyce should go 'today': His position has become completely untenable, but his ego won’t allow it.
I agree, Joyce should go today, and that's also a responsibility of the Board under so-called leadership of the Chairman, because in accordance with the Board Charter, it is responsible for:
On all counts, the Board doesn't seem to have done a very good job by allowing Qantas to be managed with disregard to ethical business practice that seems to have resulted in the ACCC action.
I agree, Joyce should go today, and that's also a responsibility of the Board under so-called leadership of the Chairman, because in accordance with the Board Charter, it is responsible for:
...agreeing the strategic direction and objectives of Qantas and monitoring the implementation of that strategy by Qantas Management, including ...appointing and removing the Chief Executive Officer...
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They sit around their board meetings pissing in each other pockets about how good they are while having no idea what’s going on at the coal face and what a basket case the organisation has become.
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MEDIA RELEASE
31 August 2023
ACCC takes court action alleging Qantas advertised flights it had already cancelled
The ACCC today launched action in the Federal Court of Australia alleging Qantas Airways (QAN) engaged in false, misleading or deceptive conduct, by advertising tickets for more than 8,000 flights that it had already cancelled but not removed from sale.
The ACCC alleges that for more than 8,000 flights scheduled to depart between May and July 2022, Qantas kept selling tickets on its website for an average of more than two weeks, and in some cases for up to 47 days, after the cancellation of the flights.
It is also alleged that, for more than 10,000 flights scheduled to depart in May to July 2022, Qantas did not notify existing ticketholders that their flights had been cancelled for an average of about 18 days, and in some cases for up to 48 days. The ACCC alleges that Qantas did not update its “Manage Booking” web page for ticketholders to reflect the cancellation.
This conduct affected a substantial proportion of flights cancelled by Qantas between May to July 2022. The ACCC alleges that for about 70 per cent of cancelled flights, Qantas either continued to sell tickets for the flight on its website for two days or more, or delayed informing existing ticketholders that their flight was cancelled for two days or more, or both.
“The ACCC has conducted a detailed investigation into Qantas’ flight cancellation practices. As a result, we have commenced these proceedings alleging that Qantas continued selling tickets for thousands of cancelled flights, likely affecting the travel plans of tens of thousands of people,” ACCC Chair Gina Cass-Gottlieb said.
“We allege that Qantas’ conduct in continuing to sell tickets to cancelled flights, and not updating ticketholders about cancelled flights, left customers with less time to make alternative arrangements and may have led to them paying higher prices to fly at a particular time not knowing that flight had already been cancelled.”
“There are vast distances between Australia’s major cities. Reliable air travel is essential for many consumers in Australia who are seeking to visit loved ones, take holidays, grow their businesses or connect with colleagues. Cancelled flights can result in significant financial, logistical and emotional impacts for consumers,” Ms Cass-Gottlieb said.
The ACCC’s investigation included engagement with impacted consumers and the serving of compulsory information notices on Qantas. The investigation, which included detailed data analysis by ACCC specialist data analysts, identified that Qantas cancelled almost 1 in 4 flights in the period from May to July 2022, with about 15,000 out of 66,000 domestic and international flights from airports in all states and mainland territories in Qantas’ published schedule being cancelled. These proceedings relate to more than 10,000 of those cancelled flights.
As an example of the conduct, ticketholders scheduled to fly on Qantas flight QF93 from Melbourne to Los Angeles on 6 May 2022 were first notified of the cancellation on 4 May, two days before the scheduled departure and four days after Qantas had cancelled the flight One consumer was provided with a replacement flight a day before their original departure date, which was communicated only by the Qantas app. As a result, the consumer had to change connecting flights and had a 15-hour layover in Los Angeles, which had a significant impact on the consumer and left them $600 out of pocket.
In another example, Qantas sold 21 tickets for QF73 from Sydney to San Francisco scheduled to depart on 28 July 2023 after it had cancelled the flight, with the last ticket being sold 40 days after cancellation.
Airlines may cancel flights in the short term due to a range of unforeseeable reasons including bad weather, aircraft defects and delays from previous flights. Flight cancellation can also happen due to a range of factors that are within the control of an airline.
“We allege that Qantas made many of these cancellations for reasons that were within its control, such as network optimisation including in response to shifts in consumer demand, route withdrawals or retention of take-off and landing slots at certain airports,” Ms Cass- Gottlieb said.
“However, this case does not involve any alleged breach in relation to the actual cancellation of flights, but rather relates to Qantas’ conduct after it had cancelled the flights.”
The ACCC is seeking orders including penalties, injunctions, declarations, and costs.
Some examples of flights allegedly affected
▪ Qantas flight QF93 was scheduled to depart from Melbourne to Los Angeles on 6 May 2022. On 28 April 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 2 May 2022, and did not inform existing ticketholders of the cancellation until 4 May 2022 (two days before the flight).
▪ Qantas flight QF81 was scheduled to depart from Sydney to Singapore on 4 June 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF63 was scheduled to depart from Sydney to Johannesburg on 31 July 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF486 was scheduled to depart from Melbourne to Sydney on 1 May 2022. On 18 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ Qantas flight QF1785 was scheduled to depart from Gold Coast to Sydney on 1 May 2022. On 17 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ QantasflightQF696wasscheduledtodepartfromAdelaidetoMelbourne on23July 2022. On 18 June 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 26 June 2022, and did not inform existing ticketholders of the cancellation until 27 June 2022.
▪ Qantas flight QF1764 was scheduled to depart from Canberra to Gold Coast on 27 June 2022. On 16 June 2022, Qantas made the decision to cancel the flight. Despite One consumer was provided with a replacement flight a day before their original departure date, which was communicated only by the Qantas app. As a result, the consumer had to change connecting flights and had a 15-hour layover in Los Angeles, which had a significant impact on the consumer and left them $600 out of pocket.
In another example, Qantas sold 21 tickets for QF73 from Sydney to San Francisco scheduled to depart on 28 July 2023 after it had cancelled the flight, with the last ticket being sold 40 days after cancellation.
Airlines may cancel flights in the short term due to a range of unforeseeable reasons including bad weather, aircraft defects and delays from previous flights. Flight cancellation can also happen due to a range of factors that are within the control of an airline.
“We allege that Qantas made many of these cancellations for reasons that were within its control, such as network optimisation including in response to shifts in consumer demand, route withdrawals or retention of take-off and landing slots at certain airports,” Ms Cass- Gottlieb said.
“However, this case does not involve any alleged breach in relation to the actual cancellation of flights, but rather relates to Qantas’ conduct after it had cancelled the flights.”
The ACCC is seeking orders including penalties, injunctions, declarations, and costs.
Some examples of flights allegedly affected
▪ Qantas flight QF93 was scheduled to depart from Melbourne to Los Angeles on 6 May 2022. On 28 April 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 2 May 2022, and did not inform existing ticketholders of the cancellation until 4 May 2022 (two days before the flight).
▪ Qantas flight QF81 was scheduled to depart from Sydney to Singapore on 4 June 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF63 was scheduled to depart from Sydney to Johannesburg on 31 July 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF486 was scheduled to depart from Melbourne to Sydney on 1 May 2022. On 18 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ Qantas flight QF1785 was scheduled to depart from Gold Coast to Sydney on 1 May 2022. On 17 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ QantasflightQF696wasscheduledtodepartfromAdelaidetoMelbourne on23July 2022. On 18 June 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 26 June 2022, and did not inform existing ticketholders of the cancellation until 27 June 2022.
▪ Qantas flight QF1764 was scheduled to depart from Canberra to Gold Coast on 27 June 2022. On 16 June 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 19 June 2022, and did not inform existing ticketholders of the cancellation until 20 June 2022.
Qantas is Australia’s largest domestic airline operator. It is a publicly listed company which operates domestic and international passenger flights under its mainline brand, Qantas, and through its subsidiary Jetstar. It offers flights for sale through direct channels, such as its website and app, and indirect channels, such as travel agents and third-party online booking websites.
ACCC’s other work in the airline industry
During the pandemic and in the industry’s recovery period, from June 2020 to June 2023, the ACCC monitored prices, costs and profits of Australia’s major domestic airlines under a direction from the Federal Government.
The ACCC has investigated various aspects of Qantas’ conduct over the past three years. It has been engaging with Qantas directly on aspects of its customer service in an effort to get quick and equitable outcomes for consumers, however the ACCC considers that Qantas needs to do more.
The ACCC continues to receive more complaints about Qantas than about any other business. Last year alone the ACCC received more than 1,300 complaints about Qantas cancellations, accounting for half of all complaints about Qantas reported to the ACCC.
The ACCC notes Qantas’ public statements that most consumers holding COVID flight credits are eligible for, and still able to seek, refunds. The ACCC strongly encourages consumers holding these flight credits to seek refunds directly from Qantas.
Qantas has suggested that these COVID credits will expire at the end of December 2023, and that customers with expired COVID credits where Qantas cancelled the original flight may not be able to seek a refund. The ACCC has written to Qantas strongly objecting to this proposed position and will continue to monitor the situation to ensure Qantas continues to make available refunds to consumers.
The ACCC also notes there is a current class action which has been launched in relation to flight credits, and affected consumers may be able to seek remedies against Qantas as part of this class action.
Maximum penalties
For corporations, the maximum penalties for each breach of the Australian Consumer Law before 9 November 2022 is the greater of:
ACCC v Qantas Concise Statement 31 August 2023
The document contains the ACCC’s initiating court documents in relation to this matter. We will not be uploading further documents in the event these initial documents are subsequently amended.
Correction: This media release was amended on 31 August 2023 to correct the date of the example for flight QF73 to 29 July 2022, and not 28 July 2023 as originally stated.
31 August 2023
ACCC takes court action alleging Qantas advertised flights it had already cancelled
The ACCC today launched action in the Federal Court of Australia alleging Qantas Airways (QAN) engaged in false, misleading or deceptive conduct, by advertising tickets for more than 8,000 flights that it had already cancelled but not removed from sale.
The ACCC alleges that for more than 8,000 flights scheduled to depart between May and July 2022, Qantas kept selling tickets on its website for an average of more than two weeks, and in some cases for up to 47 days, after the cancellation of the flights.
It is also alleged that, for more than 10,000 flights scheduled to depart in May to July 2022, Qantas did not notify existing ticketholders that their flights had been cancelled for an average of about 18 days, and in some cases for up to 48 days. The ACCC alleges that Qantas did not update its “Manage Booking” web page for ticketholders to reflect the cancellation.
This conduct affected a substantial proportion of flights cancelled by Qantas between May to July 2022. The ACCC alleges that for about 70 per cent of cancelled flights, Qantas either continued to sell tickets for the flight on its website for two days or more, or delayed informing existing ticketholders that their flight was cancelled for two days or more, or both.
“The ACCC has conducted a detailed investigation into Qantas’ flight cancellation practices. As a result, we have commenced these proceedings alleging that Qantas continued selling tickets for thousands of cancelled flights, likely affecting the travel plans of tens of thousands of people,” ACCC Chair Gina Cass-Gottlieb said.
“We allege that Qantas’ conduct in continuing to sell tickets to cancelled flights, and not updating ticketholders about cancelled flights, left customers with less time to make alternative arrangements and may have led to them paying higher prices to fly at a particular time not knowing that flight had already been cancelled.”
“There are vast distances between Australia’s major cities. Reliable air travel is essential for many consumers in Australia who are seeking to visit loved ones, take holidays, grow their businesses or connect with colleagues. Cancelled flights can result in significant financial, logistical and emotional impacts for consumers,” Ms Cass-Gottlieb said.
The ACCC’s investigation included engagement with impacted consumers and the serving of compulsory information notices on Qantas. The investigation, which included detailed data analysis by ACCC specialist data analysts, identified that Qantas cancelled almost 1 in 4 flights in the period from May to July 2022, with about 15,000 out of 66,000 domestic and international flights from airports in all states and mainland territories in Qantas’ published schedule being cancelled. These proceedings relate to more than 10,000 of those cancelled flights.
As an example of the conduct, ticketholders scheduled to fly on Qantas flight QF93 from Melbourne to Los Angeles on 6 May 2022 were first notified of the cancellation on 4 May, two days before the scheduled departure and four days after Qantas had cancelled the flight One consumer was provided with a replacement flight a day before their original departure date, which was communicated only by the Qantas app. As a result, the consumer had to change connecting flights and had a 15-hour layover in Los Angeles, which had a significant impact on the consumer and left them $600 out of pocket.
In another example, Qantas sold 21 tickets for QF73 from Sydney to San Francisco scheduled to depart on 28 July 2023 after it had cancelled the flight, with the last ticket being sold 40 days after cancellation.
Airlines may cancel flights in the short term due to a range of unforeseeable reasons including bad weather, aircraft defects and delays from previous flights. Flight cancellation can also happen due to a range of factors that are within the control of an airline.
“We allege that Qantas made many of these cancellations for reasons that were within its control, such as network optimisation including in response to shifts in consumer demand, route withdrawals or retention of take-off and landing slots at certain airports,” Ms Cass- Gottlieb said.
“However, this case does not involve any alleged breach in relation to the actual cancellation of flights, but rather relates to Qantas’ conduct after it had cancelled the flights.”
The ACCC is seeking orders including penalties, injunctions, declarations, and costs.
Some examples of flights allegedly affected
▪ Qantas flight QF93 was scheduled to depart from Melbourne to Los Angeles on 6 May 2022. On 28 April 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 2 May 2022, and did not inform existing ticketholders of the cancellation until 4 May 2022 (two days before the flight).
▪ Qantas flight QF81 was scheduled to depart from Sydney to Singapore on 4 June 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF63 was scheduled to depart from Sydney to Johannesburg on 31 July 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF486 was scheduled to depart from Melbourne to Sydney on 1 May 2022. On 18 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ Qantas flight QF1785 was scheduled to depart from Gold Coast to Sydney on 1 May 2022. On 17 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ QantasflightQF696wasscheduledtodepartfromAdelaidetoMelbourne on23July 2022. On 18 June 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 26 June 2022, and did not inform existing ticketholders of the cancellation until 27 June 2022.
▪ Qantas flight QF1764 was scheduled to depart from Canberra to Gold Coast on 27 June 2022. On 16 June 2022, Qantas made the decision to cancel the flight. Despite One consumer was provided with a replacement flight a day before their original departure date, which was communicated only by the Qantas app. As a result, the consumer had to change connecting flights and had a 15-hour layover in Los Angeles, which had a significant impact on the consumer and left them $600 out of pocket.
In another example, Qantas sold 21 tickets for QF73 from Sydney to San Francisco scheduled to depart on 28 July 2023 after it had cancelled the flight, with the last ticket being sold 40 days after cancellation.
Airlines may cancel flights in the short term due to a range of unforeseeable reasons including bad weather, aircraft defects and delays from previous flights. Flight cancellation can also happen due to a range of factors that are within the control of an airline.
“We allege that Qantas made many of these cancellations for reasons that were within its control, such as network optimisation including in response to shifts in consumer demand, route withdrawals or retention of take-off and landing slots at certain airports,” Ms Cass- Gottlieb said.
“However, this case does not involve any alleged breach in relation to the actual cancellation of flights, but rather relates to Qantas’ conduct after it had cancelled the flights.”
The ACCC is seeking orders including penalties, injunctions, declarations, and costs.
Some examples of flights allegedly affected
▪ Qantas flight QF93 was scheduled to depart from Melbourne to Los Angeles on 6 May 2022. On 28 April 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 2 May 2022, and did not inform existing ticketholders of the cancellation until 4 May 2022 (two days before the flight).
▪ Qantas flight QF81 was scheduled to depart from Sydney to Singapore on 4 June 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF63 was scheduled to depart from Sydney to Johannesburg on 31 July 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 27 March 2022, and did not inform existing ticketholders of the cancellation until 28 March 2022.
▪ Qantas flight QF486 was scheduled to depart from Melbourne to Sydney on 1 May 2022. On 18 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ Qantas flight QF1785 was scheduled to depart from Gold Coast to Sydney on 1 May 2022. On 17 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 15 March 2022, and did not inform existing ticketholders of the cancellation until 16 March 2022.
▪ QantasflightQF696wasscheduledtodepartfromAdelaidetoMelbourne on23July 2022. On 18 June 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 26 June 2022, and did not inform existing ticketholders of the cancellation until 27 June 2022.
▪ Qantas flight QF1764 was scheduled to depart from Canberra to Gold Coast on 27 June 2022. On 16 June 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 19 June 2022, and did not inform existing ticketholders of the cancellation until 20 June 2022.
- Qantas flight QF513 was scheduled to depart from Brisbane to Sydney on 8 June 2022. On 27 May 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 30 May 2022, and did not inform existing ticketholders of the cancellation until 31 May 2022.
- Qantas flight QF45 was scheduled to depart from Melbourne to Denpasar on 1 May 2022. On 8 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 24 February 2022, and did not inform existing ticketholders of the cancellation until 23 March 2022.
- Qantas flight QF649 was scheduled to depart from Sydney to Perth on 30 July 2022. On 18 February 2022, Qantas made the decision to cancel the flight. Despite this, Qantas did not remove the flight from sale until 7 March 2022, and did not inform existing ticketholders of the cancellation until 8 March 2022.
Qantas is Australia’s largest domestic airline operator. It is a publicly listed company which operates domestic and international passenger flights under its mainline brand, Qantas, and through its subsidiary Jetstar. It offers flights for sale through direct channels, such as its website and app, and indirect channels, such as travel agents and third-party online booking websites.
ACCC’s other work in the airline industry
During the pandemic and in the industry’s recovery period, from June 2020 to June 2023, the ACCC monitored prices, costs and profits of Australia’s major domestic airlines under a direction from the Federal Government.
The ACCC has investigated various aspects of Qantas’ conduct over the past three years. It has been engaging with Qantas directly on aspects of its customer service in an effort to get quick and equitable outcomes for consumers, however the ACCC considers that Qantas needs to do more.
The ACCC continues to receive more complaints about Qantas than about any other business. Last year alone the ACCC received more than 1,300 complaints about Qantas cancellations, accounting for half of all complaints about Qantas reported to the ACCC.
The ACCC notes Qantas’ public statements that most consumers holding COVID flight credits are eligible for, and still able to seek, refunds. The ACCC strongly encourages consumers holding these flight credits to seek refunds directly from Qantas.
Qantas has suggested that these COVID credits will expire at the end of December 2023, and that customers with expired COVID credits where Qantas cancelled the original flight may not be able to seek a refund. The ACCC has written to Qantas strongly objecting to this proposed position and will continue to monitor the situation to ensure Qantas continues to make available refunds to consumers.
The ACCC also notes there is a current class action which has been launched in relation to flight credits, and affected consumers may be able to seek remedies against Qantas as part of this class action.
Maximum penalties
For corporations, the maximum penalties for each breach of the Australian Consumer Law before 9 November 2022 is the greater of:
- $10 million,
- three times the total benefits that have been obtained and are reasonably attributable, or
- if the total value of the benefits cannot be determined, 10 per cent of the corporation's annual turnover.
ACCC v Qantas Concise Statement 31 August 2023
The document contains the ACCC’s initiating court documents in relation to this matter. We will not be uploading further documents in the event these initial documents are subsequently amended.
Correction: This media release was amended on 31 August 2023 to correct the date of the example for flight QF73 to 29 July 2022, and not 28 July 2023 as originally stated.