Complaints about travel, and who handles them

CMP · 1 · four gates

The order to take a complaint in

The federal transport department’s air passenger guide sets out the path for a complaint about a flight, and the ACCC’s steps for any consumer problem follow the same order.

1. The business itselfContact the airline, airport, travel agent or other business, follow its complaints process and timeframes, check its terms and conditions, and keep a record and reference number. If you booked through an agent, the agent’s terms may apply too.
2. Its internal reviewIf the first answer does not satisfy you, ask for the business’s internal escalation or review.
3. An outside bodyIf it is still unresolved, take it to the body that handles that kind of problem: the table below sets out which.
4. A tribunal or courtAs a last resort, a state or territory tribunal or court. The department notes this can be costly and slow, and suggests considering legal advice first. The ACCC says every state has a small claims court or tribunal for consumer and fair trading cases.

CMP · 2 · writing it

What a complaint should contain

The department’s guide suggests a complaint that:

• gives the booking reference, flight number, dates and times;
• names the basis for it: the terms or conditions of carriage, and if possible the consumer guarantee you believe was not met;
• says plainly what you want, whether a refund, compensation or an apology;
• keeps to facts, dates and effects, and stays polite;
• is backed by evidence you keep: boarding passes, receipts, photos, emails and notes of every conversation.

The guide also warns to use only official channels, because sending personal information through social media or unverified email addresses can lead to scams or identity theft. The ACCC has a tool for writing a complaint letter to a business. The consumer rights to cite are explained in your rights when travel is cancelled.

CMP · 3 · who handles what

The outside bodies, by kind of problem

For an international flight, the department notes that the Montreal Convention, a treaty protecting passenger rights, may also be relevant. The ACCC itself does not resolve individual disputes, but it accepts reports and uses them to decide what to investigate.

CMP · 4 · state and territory agencies

Consumer protection agencies

The ACCC says these agencies can explain your rights and options and may be able to help negotiate a resolution with a business.

NSW Fair Trading, for example, asks that you give the business a chance to fix the problem before contacting it, and to keep copies of the correspondence showing how you tried.

CMP · 5 · getting money back

Chargebacks, overseas businesses and businesses that close

Consumer Affairs Victoria says that if you paid by credit card, or chose “credit” on a debit card, you should contact your bank as soon as possible to ask for a chargeback when you did not get what you paid for. It also notes that consumer law may apply to an overseas online business, but getting a refund from one can be difficult. For cross-border disputes the ACCC points to the International Consumer Protection and Enforcement Network and its econsumer.gov reporting site.

If a travel business stops operating before you get what you paid for, Consumer Affairs Victoria has a page on insolvency, and suggests asking an agent before you book whether it holds insolvency insurance. Moneysmart lists the financial failure of an airline, hotel, travel operator or agent among the exclusions that often apply to travel insurance.

CMP · 6 · a new body for flights

An aviation ombuds scheme is on its way

For a travel insurance dispute, travel insurance basics explains how claims work, and your rights when travel is cancelled sets out what a travel business owes you when a trip falls through.