Tiger Airways Australia Pty Limited

Company or individual details

  • Tiger Airways Australia Pty Limited
    52124369008

Undertaking

On 14 December 2018, the Australian Competition and Consumer Commission (ACCC) accepted a section 87B undertaking from Tigerair Australia Pty Ltd (Tigerair Australia).

Tigerair Australia provided this Undertaking in response to the ACCC’s concerns that Tigerair Australia’s 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 was concerned that Tigerair Australia may have made representations to consumers that refunds would only be provided if consumers paid a “refund admin fee”, and that consumers were limited to receiving a remedy only in the form of a credit valid for 6 months.

By making these representations, the ACCC was concerned that Tigerair Australia 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 Australian Consumer Law (ACL).

Tigerair Australia acknowledged the ACCC’s concerns that its conduct could have constituted contraventions of sections 18 and 29(1)(m) of the ACL.

To address the ACCC’s concerns, Tigerair Australia provided the ACCC with a section 87B undertaking that it would:

  • conduct a comprehensive review of Tigerair Australia’s policies, compliance program, website and booking systems to ensure they are compliant with the ACL;
  • issue an internal policy statement outlining Tigerair Australia’s commitment to compliance with the ACL;
  • notify relevant employees of Tigerair Australia’s obligation to customers under the ACL and Tigerair Australia’s ACL Compliance Statement
  • create a Consumer Guarantees webpage on the Tigerair Australia Website;
  • include a hyperlink to Tigerair Australia’s Consumer Guarantee webpage in communications sent to customer in the event of cancellations and/or flight delays;
  • cause a comprehensive review to be undertaken of staff training;
  • conduct an annual review to ensure effective compliance with the Undertaking.

Undertaking withdrawn

On 28 October 2020, Virgin Australia Group advised that it had discontinued the Tigerair Australia brand, and sought the ACCC’s consent to the withdrawal of the undertaking pursuant to s.87B(2) of the Act.

As Tigerair Australia is no longer operating, the ACCC has provided its consent to withdraw the undertaking in its entirety.