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The draft proposal for a new aviation ‘customer rights charter’ includes a provision that passengers could receive a refund if their flight is delayed by more than three hours.
The document, which you can read here, also outlines plans to compensate travellers for lost luggage and an obligation for carriers to resolve complaints within 30 days.
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It comes after the Aviation White Paper, released in August, promised to introduce a charter alongside a new industry ombuds scheme.
“The Australian flying public deserves to be treated with dignity and respect, and this includes receiving timely and fair remedies when their flight is cancelled or delayed,” Transport Minister Catherine King said.
“That is exactly what this charter is about, providing clarity to consumers on their rights – giving them greater certainty about what they can expect, and where to go if these conditions are not met.”
Specifically, the proposals would see customers entitled to a refund if their flight is delayed for more than three hours for reasons “within the airline’s control” and also given access to food vouchers or lounge access while they wait.
However, the proposal is likely to face strong industry scrutiny after Virgin Australia argued in November that cancellations are delays are often the result of a variety of factors, not all within the airline’s control, and an outcome is often not known for some time.
“Customers should receive a refund for a cancelled flight within 14 days of the cancellation being notified, regardless of the fare type, where an alternative flight has not been agreed,” the charter reads.
“The refund should be to the full amount paid by the customer, including baggage charges, pre-purchased meals, extra leg room fees and any payment fees and charges.
“The default position of airlines will be the provision of a refund in the original form of payment (including cash, credit or flyer reward points), with a travel voucher only being issued if the customer chooses that option.
“If a flight has boarded but is disrupted through a delayed take-off for longer than 1 hour, subject to safety requirements, customers will be provided access to amenities, appropriate refreshments and regular information updates about the delay.”
The sector will now have until 5pm on Friday, 28 February 2025 to submit their feedback.
Transport Minister King previously argued the current industry-funded Airline Customer Advocate (ACA) “hasn’t made enough progress” in fixing common issues.
“Too many Australians have been left out to dry when flights are cancelled or disrupted and it’s impossibly complex to get a refund or even contact a company representative,” she said. “Customers deserve to get their money back if they are owed it. Full stop.
“It is time to take strong action to protect consumer rights with an Aviation Industry Ombuds Scheme and Charter of Customer Rights.”
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says:Delays will always occur, and most are outside the control of the airline concerned so frankly I think it unreasonable to put a 3 hour time constraint on as a pivot for a refund. Interesting to note here that should a passenger/customer be delayed for some hours in that same day and have to be afforded complimentary sustenance and “lounge” accommodation you can betcha, considering airport franchises charges it would be cheaper to give a refund and walk away. I fully understand the customers problems here but somewhere the advocates are dining out on the problem which will only eventually increase costs and most certainly reduce service. To my knowledge, the purchase price of an airline ticket is a contract to carry the customer to the required destination; there is no time constraint for clearly obvious reasons; common carrier comes to mind.
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says:While the guaranteed payment of immediate expenses is welcomed, there should be provision for complete replacement of case and contents if the lost luggage is not found and returned to the passenger within 72 hours of the landing of the aircraft