Both the Sony case and the Valve case show that the ACL does apply to any business that operates in Australia even though they may not have a physical presence here.
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Thanks for some interesting and helpful comments on the Viking conundrum. I accept that a cruise can be âmildly disruptedâ by unforeseen events. They literally run a tight ship and it is a massive logistic operation, so I am prepared to give them some slack. Storms, port issues, technical problems, whatever, can happen.
The compensation Viking offered in this case would have been fine, had it not been that they lied about the situation and knew full well before the cruise commenced that they couldnât deliver.
Another problem that I perceive with complaints and/or compensation claims is the jurisdiction: Fair Trading is state, ACCC is federal. Any ideas what would be the correct avenue?
As far as longer term solutions: for a start an obligation to clearly state in their T&Cs that nothing in their agreements can override statutory consumer rights (as many or most manufacturers seem to do) and perhaps a reference to where to seek redress in case of dispute, similar to some other business sectors (finance, insurance come to mind).
I would be willing to lodge a complaint with either fair trading or ACCC.
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Fair Trading are part of the ACL process, the States gave their statutory powers to the ACCC as part of the ACL legislative process. To take action in any Civil and Administrative Tribunal (CAT) to use your ACL rights, usually requires that Fair Trading have been used first. Fair Trading will likely be unsuccessful as they really donât have much power to act and tend rather to mediate between the parties to try and seek common ground. After the unsuccessful attempt of Fair Trading, the aggrieved will be able to proceed to testing their case in the CAT of their State or Territory.
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Itâs also worth looking to,
The case of Moore v Scenic Tours Pty Ltd addresses this very issue. Progressing all the way to the High Court, the judgment, in this case, will have repercussions for both travellers and travel service providers. Read on to find out more.
It covered many of similar issues with the initial judgements by the Supreme Court in NSW.
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Cruise customers have little recourse when they book a cruise that goes âsomewhere elseâ or ânot as advertisedâ. Some things are out of the operators control, but. A more recent case as of January 2024.
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Maybe think twice before even booking a cruise?
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