Frequent Flyer points

Trying to bring Qantas to task


I took Qantas to court. Just me, no solicitors and no legal support. Naïve? Yes, because I lost this round.
I get really upset when I perceive a dysfunction and nobody seems to care. In this case the dysfunction is massive, effecting some 4.3 million people. Yet everyone just accepts the problem as part of life. No curable problem is a part of life – it is in fact a challenge to overcome.
The problem that everyone just accepts is Qantas selling more and more ‘Frequent Flyer Points’ whilst knowingly unable to meet demand for points holders to use those points for flights.
In my case I wanted to book an international flight 5 months in advance anytime over a four week period requesting one ticket from Melbourne, Sydney, Singapore, Hong Kong or Bangkok to any city in Europe. Qantas state in their brochure, “ .. in case your first choice is not available have an alternative …” I gave Qantas literally thousands of options for them to honour my request. There were no seats available.
Qantas continually ramp up their sales of points as part of various loyalty programs developing a massive contingent liability on the company with the full knowledge they can’t service even their current levels of frequent flyer debt.
Truly, an advertising mess that has become uncontrollable.
The Victorian Civil and Administrative Tribunal in their multi-page decision effectively vindicated Qantas because Qantas stated within their ‘Terms and Conditions’ that they in effect did not have to honour frequent flyer obligations because of reason ‘x’ and/or reason ‘y’.
I still believe Qantas are in breach of various parts of the Fair Trading Act including the sections on unfair terms and conditions. Yet, VCAT don’t seem to agree despite the fact that those breaches are easily provable.
When I first asserted some force on Qantas through VCAT I did indeed include an attack on their terms and conditions but was talked out of pursuing this line by a senior member of VCAT because it would take too much court time. In the end, VCAT handed down its negative decision based on the very terms and conditions they advised me not to pursue.
I, like some 4.3 million others, have lots of unusable points. For the average person, using points for domestic travel costs more than just buying a ticket – it is senseless but suits Qantas. Using the points for international travel has some financial merit but when demand far outstrips supply they are of little use.
Yet Qantas still sell loyalty points through ever increasing emotive advertising.
I wonder if I can publish my own terms and conditions, which say in effect that I am not responsible for anything and that anyone who deals with me does so at their own peril. If Qantas have immunity then so can I!!
I haven’t finished this pursuit of Qantas yet.