A Melbourne man who refused to accept credit for international flights cancelled at the height of the pandemic has taken up the fight for a full refund.
Mehul Patel, of Tarneit in Melbourne's north, is chasing almost $2,000 from Malaysian Airlines and third-party platform Expedia Group after refusing to accept an offer of travel credit.
He said the credit was offered for flights before the end of 2021, before Malaysia Airlines was back in Australian skies.
Mr Patel has lodged paperwork with the Victorian Civil and Administrative Tribunal (VCAT), but has warned he will take the issue further if it means ensuring other Australians impacted by COVID cancellations receive a fair go.
"It's not a small amount for a working class family to fork out," Mr Patel said.
"It's basically a few months' worth of savings so I will definitely fight it until I get a result."
Mr Patel, who is working to become a finance administrator, arranged for his parents to visit from India in 2020.
They arrived just before Melbourne residents were ordered into the first of six lockdowns over two years.
When a window of opportunity emerged for vaccinated passengers to jet out of Australia, Mr Patel booked and paid for two one-way tickets with Malaysia Airlines, but the flights were eventually cancelled.
The airline, through Expedia, offered a credit line for flights for use before the end of 2021, but Mr Patel said no flights were available.
"I just wanted a viable option," he said.
"By either giving us the full refund or vouchers that could be redeemed by other family members, because my parents are not in a position to come back to Australia anytime soon."
The 38-year-old eventually booked separate tickets with another airline to get his parents home in January.
The situation has underlined a wider consumer issue for thousands of travellers still waiting on refunds from travel operators.
'Unfair and unworkable'
In April, consumer advocacy group Choice lodged a formal complaint with the Australian Competition and Consumer Commission (ACCC) about Qantas' flight credit policy, claiming the airline could be holding consumers to unfair contract terms.
Qantas holds $1.4 billion in flight credits.
Choice said the airline's flight credits scheme was "unfair and unworkable" and might involve "potential unfair contract terms and misleading and deceptive conduct".
It released the Consumer protections for Australia travellers: A plan for clarity, consistency and fairness report in July and called for urgent reforms to address Australia's ongoing travel cancellation chaos.
Mr Patel said he hoped that taking a stand in his own case might help others.
"I'm not the only one in this condition," he said.
"There would probably be hundreds of people in a similar situation.
"We are in a first-world country and there is no system for the customers."
'Consumer rights apply'
In a statement on its website the ACCC said it was important consumers understood their options when dealing with cancellations linked to the pandemic.
"All your usual consumer rights apply when you purchase domestic flights and international flights departing Australia," a spokesperson said.
"Those rights also apply to international flights to Australia where they are booked through the Australian website of an airline.
"Services such as flights come with automatic guarantees, including that services must be supplied within a reasonable time.
"If something goes wrong and your flight is delayed or cancelled, you may be entitled to a refund or replacement, depending on the circumstances."
Mr Patel is waiting to find out when the matter will be heard by VCAT.
In a statement Expedia said it generally followed the policies of its airline partners.
"Any credit or refund is determined by the airline and is dependent on the traveller’s ticket fare," the statement said.
"In the instance of the booking made by Mr Patel, the Malaysian Airlines credit is still current and available for use.
"Our customer service team will be in touch with Mr Patel to confirm this information."
