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The government’s draft aviation customer rights charter is too weak to properly protect passengers, says consumer advocacy group Choice.
The proposed charter, which was introduced in December, had been flagged as part of the Aviation White Paper released in August. While Choice says it is a “welcome next step”, the organisation has criticised it for being too vague, saying it is not strong enough for its intended purpose.
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“[The charter] currently lacks the necessary clarity, comprehensiveness and strength to adequately protect consumers when flights don’t go to plan,” said Choice senior policy and campaigns adviser Beatrice Sherwood.
“If we were to experience another global event like a pandemic, consumers would be no better protected under this draft charter.”
According to Sherwood, in some areas, the charter would in fact offer weaker protections than those currently guaranteed under Australian Consumer Law.
“For example, consumers are entitled to a refund or replacement where flights are delayed or cancelled due to weather events under consumer guarantee rights, but may not be under the draft charter,” she said.
“Consumers want, and need, stronger protections when travelling. When the pandemic caused travel to halt in early 2020, many people faced difficulties obtaining refunds, using travel credits, navigating inconsistent policies and understanding their rights.
“These issues continue today, and the charter must address them to protect consumers in the future.”
Among its recommendations, Choice is pushing for the charter to include the right to a replacement flight or refund when a flight is significantly delayed or cancelled through no fault of the consumer, whether or not the airline had any control over the circumstances.
“Consumers should have the same rights to be rebooked or receive a refund across all Australian airlines when a flight is not delivered on time. The charter should include the right to rebook or receive a refund, regardless of whether the reason for the delay or cancellation is inside or outside of the airline’s control,” said Sherwood.
Choice is also calling for minimum compensation amounts for different scenarios; a standardised format for airline terms and conditions and conditions of carriage; and specific standards for claim times and compensation for damaged, delayed or lost baggage.
“The enforceability of the charter also remains unclear. Choice recommends that the government clarify the legal basis for the Charter’s implementation, how it will be used by the Aviation Ombuds Scheme to resolve disputes and how an appropriate regulator will ensure compliance,” it wrote in its submission.
“Without a strong enforcement mechanism, the charter risks being ineffective in delivering real consumer protection.”
A spokesperson for Transport Minister Catherine King told Australian Aviation that the government acknowledges “strong views” on the subject and “has a consultation process for a reason”.
“This was one of over 180 submissions we received, along with five roundtables with industry experts and members of the public,” the spokesperson said.
“The consultation process highlighted the need for a strong scheme – we’ve heard this feedback and will now begin working to implement it.
“We’re doing the work to develop a consumer protection regime that offers the strongest support for Australian travellers. This will take time and consultation, but we want customers to get what they pay for or get their money back.”
