When Alex sold his farm, he and his wife, Lucy, decided to make a trip to the old country to meet the relatives. Their only airline experience had been a few interstate trips; this would be their first trip overseas. They undertook considerable research about which airline to use by referring to newspaper and television advertisements and airline websites. They were particularly impressed by the advertisements for Icarus Airlines, an overseas-owned airline, whose television advertisements showed passengers being served what were described as delicious meals with 'the fi nest Australian wines and a high standard of service'. Lucy, who had issues with her back, was especially impressed by Icarus Airlines' passenger seats, which convert into 2 metre long lie-flat beds. Alex and Lucy decide to book their flights on Icarus Airlines through the Angelwings Travel Agency. The economy class fares charged by Icarus Airlines were slightly higher than competing airlines, but Alex assumed that the extra amount was due to the fact that Icarus Airlines' press advertisements said that passengers would be picked up and driven to the International Departure Airport by limousine. 

As the departure date neared, Alex and Lucy were excited by the idea of going overseas and travelling in such comfort. On the day of their departure, they were disappointed that a limousine did not collect them. They were required to make their way to the airport by taxi. When they boarded the plane, they found to their horror that their seats were nothing like the 2 metre long lie-flat beds they had seen on the advertisements. They said that they were jammed together 'like sardines' and they could barely move. The quality of the meals that they were served was well below what they expected. Lucy raised these matters with the cabin staff, who brushed her off.

On the return trip from Europe, their experience was even worse. Lucy described the seating arrangements as 'what you would expect in a cattle truck'. When they returned to Melbourne, they visited the travel agent and complained that they had been let down by Icarus Airlines. The agent expressed surprise at their complaints. She told them: 'What Icarus Airlines advertise is their first class service. If they showed how economy class passengers were treated, nobody would fly with them.'

Alex and Lucy think that this is evidence of a rip-off and a conspiracy against Aussie battlers. Can they do anything about it?

1. Which sections of the Australian Consumer Law (ACL) would be relevant to Alex and Lucy? 

Of these sections, which do you think is the most relevant? Give reasons for your answer.

2. Has Icarus Airlines engaged in misleading or deceptive conduct? What factors do you need to consider in making this determination?

3. Has Icarus Airlines engaged in unconscionable conduct? What factors do you need to consider in making this determination?

4. Has Icarus Airlines engaged in false representations? What factors do you need to consider in making this determination?

Answer rating: 100% (QA)

Relevant sections of the Australian Consumer Law ACL Several sections of the ACL could be relevant to Alex and Lucys situation but the most likely ones are 1 Misleading or deceptive conduct sections 1... View the full answer