Monday, March 30, 2009
Travel agents have failed in their long-running class action against Qantas for the non-payment of commission on fuel surcharges.
But in a Federal Court ruling, the airline was found to have engaged in misleading and deceptive conduct by including the levy under the “taxes, fees and charges” code.
In a brief hearing yesterday, Justice Michael Moore ruled that the applicants, Leonie’s Travel, had failed in its claim that Qantas was in breach of contract by not paying commission on the fuel surcharge.
In his 44-page judgement, Justice Moore said Qantas, in his opinion, had since May 2004 “exercised its contractual right to determine the manner and amount of agents’ remuneration”.
The airline determined that commission was payable on the total price, less the amount payable to Qantas as the fuel surcharge, he said.
But he ruled in favour of Leonie’s Travel in the second claim that Qantas engaged in misleading and deceptive by including the levy as tax, fee or charge. Such charges are imposed by air transportation and government authorities only, he said.
“The fuel surcharge is not a tax, charge or fee imposed by governments, authorities or airport operators,” he ruled.
Although action was also bought against other airlines, proceedings, for the moment, are to continue against Qantas only, Justice Moore said.
More in today’s Travel Today.
Posted by rodeime
Last 30 Days' Most Popular Posts
Sydney's Menzies Hotel was opened on 17th October 1963, by Premier R.J. Heffron and named after Sir Archibald Menzies, a pioneer in...
Gundula Holbrook from a 1921 painting Gundula Holbrook: I was born in Austria m the widow of the late Commander Norman Holbrook VC, the...
Motorcycle races at Woodside SA, October 1949. National Motor Museum Collection Racing and competition have been an important element of mo...
Source: kyogleweb.com.au - (offline) The Lions Road is an initiative of the Kyogle Lions Club. The Lions road forms a scenic link bet...
The station building, when opened, was rated as one of the select group of significant railway structures, surpassed only by regional stat...
School Residence (1894): The North Maryands schoolhouse features displays of a schoolroom, kitchenalia, religious vestments. banking office...