Qantas Airways Limited

Company or individual details

  • Qantas Airways Limited
    16009661901

Undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Qantas Airways Limited (Qantas).

Qantas provided this Undertaking in response to the ACCC’s concerns that Qantas’ Booking Platforms may have created an overall impression that risked misleading consumers about the nature and potential application of their consumer guarantee rights, including about the remedies that consumers may be entitled to in the event of flight delays or cancellations.

In particular, the ACCC is concerned that, by Qantas making representations to consumers that:

  • in relation to its ‘Red e-deal’ fare type, that refunds were not available; and
  • flight services supplied by Qantas were not subject to any statutory guarantees or warranties (including those in the ACL)

By making these representations, the ACCC is concerned that Qantas may have made false or misleading representations about the existence or effect of the rights or remedies available to consumers, which could constitute contraventions of sections 18 and 29(1)(m) of the ACL.

To address the ACCC’s concerns, Qantas has provided the ACCC with a section 87B undertaking that it will:

  • conduct a comprehensive review of Qantas’ policies, compliance program, website and booking systems to ensure they are compliant with the ACL;
  • update its internal policy outlining Qantas’ commitment to compliance with the ACL;
  • notify relevant employees of Qantas’ obligations to consumers under the ACL and Qantas’ Compliance Policy;
  • create an Australian Consumer Law webpage on the Qantas website;
  • include a hyperlink to Qantas’ Australian Consumer Law webpage in communications sent to customers in the event of cancellations and/or flight delays;
  • cause a comprehensive review to be undertaken of staff training;
  • conduct a past complaint review;
  • publish a statement on its website in relation to this Undertaking;
  • implement a complaint review process to ensure future compliance with the Undertaking;
  • conduct a risk review to ensure effective compliance with the Undertaking.