Trouble with refunds or travel insurance?

One of our members is a senior practising lawyer and is available, without cost to you, to give preliminary advice relating to options and the meaning of the conditions or the travel policy.

 

The advice is given by email and does not include court appearances nor preparing documents such as letters.

 

You are most welcome to send a donation to the Rotary Foundation which is the vehicle for doing great work overseas such as education and safe water.

 

                          Before we can help you we need a copy of your contract  or

                          policy with the service provider (company or organisation).

                          Any documents must be sent to us by email.

                          We can deal with documents in Google Docs or Dropbox.

 

Please email your enquiry to

david@garnscosts.com.au.

We will tell you if other documents are needed.

Some things you can do…... the basics:

  1. Contact your service provider e.g. the airline, travel agency, by email and enclose a copy of your documents and do as soon as possible.

  2. If you talk to the service provider follow up the call with an email setting out what was said.

  3. If the service provider contacts you send an email setting out what they  said.

  4. Do not be abusive or angry.

  5. Do not make threats based on getting paid as it is a criminal offence to demand  money that way.

  6. Be clear about what you are asking the service provider to do and ask for a reply within 7 days of your request.

  7. If you talk to someone on the phone get their name and phone number.

  8. Always emphasise that you want to reach an amicable settlement. Don’t mention going to court.

IF YOU GET NO SATISFACTION THEN  ......

Three options are available to you.

  1. Consumer Protection

The best step is to contact Consumer Protection and ask for help.

This is the internet address  https://www.commerce.wa.gov.au/consumer-protection

The following link takes you to the part dealing with refunds  

                          ​www.commerce.wa.gov.au/consumer-protection/shopping.

Then on the same page is a reference to refunds,

In  that section much of the reference relates to goods but applies equally to services such as travel or gym memberships.

Here you need to be careful that refunds are not excluded by terms and conditions.

 

In the COVID climate when booking accommodation or caravan parks it is essential to keep your right to a refund if regions are locked down again. So ask if refunds are available if restrictions are imposed again.

 

Here are contact details fro Consumer Protection

Telephone 

1300 304 054 from anywhere in WA for the cost of a local call; operating hours: Mon, Tues, Wed and Fri 8.30 – 5.00pm. Thurs (late opening) 9.00 – 5.00pm

13 36 77 National Relay Service (for the hearing impaired)

13 14 50 Interpreter Service

 

Email  consumer@dmirs.wa.gov.au

 

Post   Department of Mines, Industry Regulation and Safety

Locked Bag 100

EAST PERTH WA 6892

The branch you need is under “shopping”.

  2. The Magistrates Court

Has simple procedures but the small claims division is limited by amount. Lawyers are not allowed in that division unless the Court approves. These claims  must be below $10 000 and are called  Minor Claims. This link explains things in more detail.

https://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_3.pdf

  3.  Other courts

You ought to get legal advice before going ahead as there are serious costs/risks in the court system.

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