Section 75?

Life__Goes__On

JPW88 said:

Are you absolutely certain about this?  It was the claims department of HSBC that said ByoJet was as an agency a third party so a section 75 cannot be used.

I will give you the full answer.
Legally a Section 75 is allowed with 3rd parties, but the Ombudsman rulings are also based on what's "fair" and their ruling say that it is unfair using 3rd parties.
So to have any chance to win your case you would have to go to the small claims court rather than the Ombudsman.
The banks know this, so will normally reject anything to do with third parties as most people will appeal to the Ombudsman.

But in your case you should be issuing a Chargeback against ByoJet as you have 120 days from your flight date.

Alan_Bowen

Claims against agents usually fail, at least for section 75 claims, as the contract is not with the agent but the end supplier, the airline in this case. There has to be a debtor creditor supplier agreement i.e a three way relationship for section 75 to apply and an agent is not the supplier. That should not prevent a chargeback which is a voluntary scheme as opposed to a legal right under section 75 but why book with an Australian agent?