Getting a refund for delayed flights for Australians could soon get easier under new rights charter

Passengers at Sydney International Airport

Passengers at Sydney International Airport. A new charter of rights for airline passengers aims to make it easier to get refunds for cancelled or delayed flights. Source: AAP / Steve Markham

Airline customers could receive full refunds and other assistance over cancelled or delayed flights under Australian law. The government has opened consultation on a new airline charter of rights. It's the first concrete guide on customer policies relating to the aviation sector by an Australian government.


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For many Australians, requesting a refund following a delayed or cancelled flight can be challenging.

Refund requests topped the list of 1,400 of complaints lodged by Australians over 12 months with the dispute resolution scheme funded by the aviation industry called the Airline Customer Advocate.

Less than 40 per cent of those customer complaints were resolved.

That could change under a plan by the federal government to introduce a new customer rights charter for the aviation sector, which would include penalties to be overseen by an ombudsperson.

The full details of the penalties are still be worked out, with legislation expected to be introduced into parliament next year.

The draft charter of rights has now been released for public consultation to be collected until the end of February.

Federal Transport Minister Catherine King says she wants to hear views on how the scheme can operate better.

"Having an ombudsman for the first time. We've had a sort of voluntary system at the moment that has really not been working for the travelling public. Having an ombudsman who then when you can't get anywhere with the airline yourself, then actually going to the ombudsman and having that capacity to get a remedy through that process really will be a significant change for the Australian travelling public."

The charter lists six consumer rights, including the right to be treated with dignity and respect; the right to be offered accurate, timely and accessible information and services; and the provision of prompt and fair remedies during and after cancellations, delays and disruptions.

The charter also outlines other conditions and terms.

Cancellations within 14 days - or delays over three hours - would require airlines to give full refunds; and pay for airport transfers, hotel stays and meals.

Airlines that lost or damage luggage, would need to reimburse customers and deliver bags for free.

Any complaints would require a 24-hour response and be resolved within 30 days.

"This is what we're trying to rectify. We're trying to make sure the travelling public either gets what they pay for or they get a refund. If someone wants to have a credit voucher than that is an option that they have available, but it has to be... if that is what you want then that is what you get. But that can't be the default. So that is what this charter of rights lays out really clearly. That if you need a refund - and you want a refund - then that is what you should actually get. You shouldn't get a flight credit that you may or may not be able to use later on."

The charter falls short of a European Union-style compensation system for flight cancellations and delays, something advocates have been calling for.

These airline passengers say anything to improve the quality of service they receive is welcome.

Female traveller 1: "I think this would be a good thing, yes."

Female traveller 2: " Certainly do, I think the airline needs to be more accountable, for their quality and what they offer when we are paying for the service."

The Australian Competition and Consumer Commission in August 2023 launched a case against Qantas alleging it engaged in false, misleading or deceptive conduct, by advertising tickets for more than 8,000 flights that it had already cancelled but not removed from sale.

The Federal Court case was settled in May this year, with Qantas agreeing to pay $20 million to more than 86,000 customers - in addition to a $100 million penalty for breaching the Australian Consumer Law.

In a statement provided to SBS, a spokesperson for Qantas says it has since updated its processes. The statement adds that customers are provided with options in the event of a flight cancellation, including a refund, rebooking, or a flight credit.

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