Mandurah holiday makers who were left out of pocket after buying cheap flights from a Facebook travel agency are unlikely to see any refunds after Consumer Protection confirmed complaints were "going nowhere".
In a statement, Consumer Protection said it had been unable to secure refunds for more than 200 affected consumers who paid for the 'holiday deals'.
Complainants claim they bought $99 tickets to Bali on Facebook pages such as Travel 2 Go, No Frills Flight Sale and $99 Jetstar Return Flights, which are no longer active, and were left 'stranded' without seats on the flights they had paid for.
Many were led to believe they could book flights at any time in the two-three year validity of the tickets, but could not get plane tickets for their desired dates or were asked to pay extra money and some flew to their destination but found they were not booked on return flights as expected.
More than 100 affected holiday makers rallied together to raise their concerns and demand answers at a community forum in South Yunderup on September 7.
At the time, Consumer Protection representatives assured attendees they were investigating the claims, with more than 50 complaints totalling $80,000 in losses lodged.
Since the meeting, Consumer Protection has heard from many more affected consumers, bringing the total number of complaints to 210, with a value of more than $200,000.
During negotations with Consumer Protection, Nicole Bromage and Jacklene Torr, who trade under the ABN 38605142917 and unregistered business names Travel 2 Go and No Frills Travel, had originally made a commitment to pay customers back.
Commissioner for Consumer Protection Penny Lipscombe said "regrettably" this had not been successful.
"Our conciliation officers have been working hard to try to achieve a satisfactory outcome for the complainants in this case, but it is not always possible to secure refunds and there is no guarantee goods or services will be provided," she said.
"Whether or not Consumer Protection is successful in conciliation depends on factors including a trader's willingness to participate in the process and the financial situation - funds may not be available.
"As of today we are in the process of contacting all of the Travel 2 Go/No Frills Travel complainants to inform them that no refunds are forthcoming and to advise them of their option to go to the Magistrates Court to seek a court order for any money owed.
"We recommend customers do not pay additional money in a bid to secure flights or holidays."
Ms Lipscombe said it was a disappointing outcome, but did not signal the end of the matter.
"If a business has allegedly made false and misleading representations or failed to provide goods or services as promised and within the timeframe specified, Consumer Protection can investigate potential breaches of the Australian Consumer Law," she said.
"So, even though attempts to seek redress for consumers may not work out, we have investigators who can then take over and look at alleged non-compliance with the law.
"While any such investigation is underway, we are restricted as to what we can say publicly for legal reasons.
"What I can confirm is that this particular situation has been raised with the WA Police Major Fraud Squad."
Consumer Protection's tips for buying travel:
- Consider paying with a credit card - it might attract a small percentage surcharge but could be worth it due to the 'chargeback' option if you don't get what you paid for within the agreed timeframe, or if the business becomes insolvent. This option doesn't exist for cash or direct bank transfer.
- Use an accredited travel agent. While there is no licensing of travel agents (that ceased nationally in 2015), there are voluntary industry accreditation schemes, such as ATAS run by the Australian Federation of Travel Agents.
- Read the terms and conditions of any agreement, get a copy in writing and ask for a receipt. You may wish to check payments have been passed on to third party suppliers such as an airline. A voucher or itinerary does not secure your travel - insist on formal documentation or confirmation from the supplier(s) and verify its authenticity.
Affected consumers who have not yet lodged a complaint are encouraged to still do so. To lodge a complaint, visit the Department of Mines, Industry Regulation and Safety website.
