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AirAsia X failure to launch: consumer action for aggrieved passengers

(Please note, this matter is not currently being litigated in Australia)

Shine Lawyers Aviation Law Department has been inundated with enquiries relating to the failure of AirAsia X to operate direct flights between Melbourne and Bali from December 2014 and beyond.

Many passengers were left out of pocket and stranded after AirAsia X failed to obtain the necessary approvals to fly internationally by the launch date of 26 December 2014.

We are putting together the claims of those who have retained us and are investigating all the potential shortcomings which could result in compensation for disgruntled passengers.

There are several aviation, contractual, as well as consumer legal issues arising from the events, and these demand adequate justice for passengers. We touched on these when questioned by the Herald Sun earlier this week. See the article here.

If our clients’ claims are not resolved informally with the airline, we intend to pursue a group or class action against the airline on their behalf.

While AirAsia X was permitted to advertise that it would be performing such flights, even at a time when it did not have government approval (under Commonwealth regulations), there are elements of the advertisements and internet sales portal which we are now investigating for the purposes of assisting all those aggrieved by this unexpected disruption to their holidays.

Many stranded passengers were offered the choice of rerouting their travel via Kuala Lumpur on a different AirAsia carrier which added substantial travel time for many who were only going away for brief breaks. Others were unable to travel with AirAsia at all and were left hundreds, potentially thousands, of dollars out of pocket for replacement tickets.

The airline was also not permitted to operate an advertised direct service from Denpasar to Melbourne, requiring many people to make alternative arrangements, and losing valuable time doing so. This meant that many passengers lost time off work after arriving back in Australia later than expected

All the people we have spoken to have been uniformly displeased with the handling of the aftermath of the cancellations, the short notice given for changes to their confirmed flight itineraries, and the difficulties faced from a feeling they had been misled or deceived when they should have been enjoying their holidays.

Our intention is to send a message to all international carriers about the need for good faith compliance with Australian consumer protection laws, and prompt legislative reform to ensure the ongoing chaos caused for hundreds, if not thousands, of Australian passengers, is not repeated again.

Those affected by the AirAsia X cancellations are invited to join our action and should do so by contacting us.

Written by Shine Lawyers. Last modified: November 28, 2018.

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