Kelly v Flight Centre Travel Group Limited ACN 003 377 188 Trading as Student Flights (Civil Dispute)

Kelly v Flight Centre Travel Group Limited was a civil dispute concerning a booking error by a travel agent that resulted in additional airfare costs and inconvenience for the plaintiffs. The plaintiffs booked flight tickets through the defendant, Student Flights, a trading name of Flight Centre Travel Group Limited. The dispute centred around the travel agent's failure to identify the correct surname of one of the plaintiffs, which led to the booking of incorrect flights and additional costs. The plaintiffs sought a refund of the additional airfare costs as well as compensation for the stress, inconvenience, and delay caused by the booking error.

The primary legal issues before the court were whether the travel agent's failure to correctly identify the plaintiff's surname constituted a failure to use an acceptable level of skill or technical knowledge, and whether this failure breached the agent's guarantee of due care and skill in providing travel services. The court had to determine whether the agent's error was a result of a lack of skill or knowledge, or if it was an unavoidable mistake that did not breach the standard of care expected in the industry.

The court found that the travel agent's failure to correctly identify the plaintiff's surname was indeed a result of a failure to use an acceptable level of skill and technical knowledge. The agent had not taken reasonable steps to verify the correct surname, which was a fundamental part of the booking process. The court held that the agent's error amounted to a breach of the guarantee of due care and skill, as well as the implied warranty that the services would be fit for the specified purpose. Consequently, the plaintiffs were granted a refund of the additional airfare costs and compensation for the stress, inconvenience, and delay caused by the booking error.