Jetstar Cancelled Flights Class Action

Echo Law has commenced a class action in the Federal Court of Australia on behalf of Jetstar customers who held tickets for domestic or international flights cancelled by Jetstar between 2020 and 2022 during the COVID-19 pandemic.

The class action is based on allegations that Jetstar failed to refund customers’ payments for those flights, despite being legally obliged to do so.

Instead, Jetstar issued the majority of its customers with travel credits (also called travel vouchers), which were subject to significant restrictions. Accordingly, those travel credits were of much lower value to customers than the refunds to which customers were entitled.

By acting in this way, Jetstar has enjoyed significant financial benefits at its customers’ expense.

We consider that affected Jetstar customers may be entitled to compensation, even if they have used the travel credits they were issued.

Register by clicking the button below. It does not cost any money to register and you will never be 'out of pocket' as a result of participating in this class action.

Allegations

The class action is based on allegations that:

  • Covid-19 travel restrictions ‘frustrated’ Jetstar travel contracts, causing these contracts to be automatically terminated and giving customers a right to automatically recover money paid under those contracts.

Under Australian law, an event is ‘frustrating’ if it occurs without default of either party and renders the performance of contractual obligations impossible or radically different from what was originally contemplated.

  • Jetstar’s failure to issue refunds was a breach of contract.

  • Jetstar engaged in misleading or deceptive conduct in contravention of Australian Consumer Law, by misleading customers as to their rights in the event of widespread COVID cancellations.

  • By holding customer’s funds that ought to be refunded, Jetstar attained unlawful financial benefit (including from the interest accrued).

  • Jetstar have engaged in a system or pattern of unconscionable conduct, in contravention of Australian Consumer Law.

Who can participate in the class action?

If you held tickets for a Jetstar flight that was cancelled between 1 January 2020 and 1 November 2022, you may be eligible to participate as a group member in this class action. This claim has been issued on an open class basis. This means if you are eligible, you will automatically be included as a group member in this class action.

Even if you have since used the travel credits issued by Jetstar, or were eventually able to obtain a refund, you may still be entitled to compensation.

You can register for this class action by clicking the ‘Register Now’ button. You will also receive regular updates from Echo Law about the progress of the class action if you register now. You do not need to do anything else at this stage.

What is the class action seeking to recover?

In addition to seeking refunds of any outstanding amounts owed to Jetstar customers, as well as compensation representing the difference between the ‘value’ of the travel credits issued to customers as compared to a cash refund, the claim will also seek to recover an award for interest and for consequential losses – for example, compensation for ‘loss of use of money’, which recognises the impact on customers who were deprived of a significant sum of money for a lengthy period of time.

Costs

There are no out of pocket costs to participate in the Jetstar class action.

This class action is funded by Court House Capital, an experienced Australian-based litigation funder.

You will not have to pay any money out of your own pocket for legal fees or related expenses and you will not be responsible for paying any costs if the class action is unsuccessful.

If the class action is successful and financial compensation is recovered from Jetstar, legal costs and any litigation funder costs payable will be deducted from the amount of compensation recovered for group members. These costs will never exceed the amount of compensation to which you may otherwise become entitled and will be assessed by the Court to ensure any legal costs deducted from the amount of any compensation are fair and reasonable.


Frequently Asked Questions


Further Enquiries

If you wish to register your interest in this class action, you can do so by clicking the ‘Register Now’ button above.

If you have a question that is not addressed in the FAQs above, you can also contact Echo Law to discuss the class action by sending an email to enquiries@echolaw.com.au or calling Echo Law on (03) 7046 3565. Please note that while we will seek to respond to you as soon as possible, there may be some delay before you receive a response.