CXL · 1 · where the rights apply
Which trips the consumer guarantees cover
The ACCC calls these basic rights the consumer guarantees. For travel, it says they apply to:
- “travel services within Australia”;
- “travel services provided by international businesses that depart Australia”;
- “travel services to Australia from another country and booked through a travel provider’s Australian website”.
They apply however you booked: straight with the airline, cruise line or tour operator, via a travel agent, or via another go-between such as a booking platform or travel package provider.
CXL · 2 · three ways a trip falls through
Who stopped the trip decides which rules answer
The ACCC’s guidance sorts cancellations and delays into three situations. They lead to different answers, so it helps to know which one you are in.
- The business
The provider cancels or delays
One guarantee is that services are provided within a reasonable time. Whether a delay or cancellation breaks it depends on how long the delay is, what caused it, whether you were moved to another service, and when that service is.
If the replacement is not within a reasonable time, the provider must give you the choice of a different replacement or a refund.
- You
You change your mind or miss it
The guarantees do not require a replacement or refund when you change your mind or miss the service for reasons that have nothing to do with it, such as arriving late. Your booking’s terms and conditions then decide.
- Someone else
A third party stops it
The same is true when a third party’s actions prevent the service, such as airlines cancelling flights because of government travel restrictions during COVID-19. The ACCC’s other example is a 4WD tour that cannot run in a state park because the state government restricted entry that day because of the fire danger rating.
If you had to buy a new flight with another airline because yours offered no reasonable replacement, the ACCC says you may have a right to be reimbursed by the original airline.
CXL · 3 · a reasonable time
There is no fixed number of hours
The ACCC says there is no single definition of a reasonable time, and that it does not decide what is reasonable: that is for a court or tribunal. The purpose of your trip and the airline’s usual schedule are among the things that can matter.
NSW Fair Trading gives an example. When Martin’s flight is cancelled, a reasonable replacement would leave as close as possible to the original flight’s time; one a month later would not be considered reasonable.
The ACCC also points out that an airline’s conditions of carriage do not guarantee flight times, but the airline must still provide the service within a reasonable time.
CXL · 4 · refund or credit
A refund comes before a credit voucher
NSW Fair Trading’s page on booking travel sets out what a business must do when you are entitled to a refund. It must pay it within a reasonable time and must “offer the refund first, before they can offer any other alternatives, such as a credit”. It must also take steps to recover money from its suppliers and keep you informed about the timing.
| Situation | What NSW Fair Trading says |
|---|---|
| You paid in credits or points | A credit can be offered if that is how you paid, for example with airline credits or travel points. |
| You were offered a full refund first | A credit can be offered if you agree to it after the business has offered a full refund to your original form of payment. |
| Otherwise | “In general, you do not have to accept a credit voucher if you are entitled to a refund, or your complaint is covered by consumer law. Instead, you can insist on a repair, a replacement or a refund.” |
Its example: Sarah paid for flights by credit card, and the airline cancelled them on the day because of an aircraft shortage, offering only a flight credit. NSW Fair Trading says the airline must first offer a full refund to her credit card before it can offer a voucher.
CXL · 5 · compensation
Costs on top of the ticket
When a service fails a consumer guarantee and you suffer other loss as a result, the ACCC says you may also be entitled to compensation, in addition to a replacement or refund. The loss must be caused by the failure and reasonably foreseeable. The ACCC adds that it is misleading and against the law for a business to say it is not responsible for foreseeable losses.
NSW Fair Trading’s example: an airline’s booking error cancels John’s flight, it cannot rebook him within a reasonable time, and his new ticket on another airline costs $900 more. He may be able to seek compensation for the new flight or the difference.
Airlines’ own compensation policies sit on top of these rights. The ACCC says most airlines operating in Australia publish one, that it may cover things such as meals and accommodation, and that a policy cannot take away your consumer guarantee rights.
CXL · 6 · booked through an agent
When an agent sits in the middle
If you booked through a travel agent or other intermediary, the ACCC says both the agent’s and the provider’s terms and conditions apply, and that an agent may legally only need to pass on the remedy the provider offers. The federal transport department’s guide adds that refunds through an agent can take longer, and that agents may charge their own fees for changes or cancellations. The home page section on booking through an agent has more.
CXL · 7 · before you book
What the ACCC suggests checking first
If arriving on time really matters, the ACCC suggests considering a fare class with better options when things go wrong, and allowing extra time to reach the airport and between connections. It also suggests reading the terms for three separate situations, because the answer may differ in each:
- the provider delays or cancels the service;
- you cancel, or miss the service for reasons unrelated to it;
- the booking cannot go ahead for reasons outside both your control and the provider’s, sometimes called a force majeure term.
Terms can also differ for different travel periods, so the ACCC suggests checking the ones that apply to your dates. Travel insurance can sometimes cover cancellation costs the business does not; travel insurance basics explains how.
The federal government is developing an Aviation Consumer Protection Charter that would set minimum standards for airlines and airports, including on delays, cancellations and the availability of refunds. It is expected to start after legislation is passed and implementation timeframes are agreed. As at 8 October 2026, the Aviation Consumer Protection Bill 2026 had passed the House of Representatives and was before the Senate. Check the department’s page before relying on the position described here for a flight.
If a business will not put things right, complaints about travel sets out who to take it to next.