How to fight an airline for compensation if your flight is suddenly cancelled

HAVE you been on a flight that’s been cancelled? You may not think you have a right to complain, but you do. This is how you can fight the airlines.

HAVE you been on a flight that’s been cancelled? You may not think you have a right to complain, but you do. These are your rights and how to fight the airlines.

My flight has been cancelled. What are my options?

It depends on the airline and the whether the issue was within its control. Problems that are include aircraft maintenance or lack of crew.

In those circumstances, all major domestic carriers will offer the next available seat. This might not be direct. Qantas and Virgin will provide meals, refreshments and provide or pay for accommodation if you are already away. Virgin specifies up to $220 per room.

Qantas will offer a refund.

Virgin only offers a credit note valid for 12 months.

Jetstar will put you on the next available flight, or offer a refund. It says it will not help with food, drink or a hotel (although there are exceptions).

Tiger’s policy seems to be the same as Jetstar’s.

Choice says airlines will often address claims for reimbursements on a case-by-case basis.

“If you’re stranded or in need of assistance, approach the counter or call your airline to see if they can offer you help,” it advises.

Virgin Australia can offer credit notes. Picture: Nicole Garmston

What about when the cause is beyond the airline’s control?

If the problem is, say, bad weather, Virgin will offer to put you on the next available flight at no extra cost. It won’t pay for a hotel or other transport. You can cancel at no cost. But you won’t get cash back, you’ll get a credit note valid for a year.

Qantas will put you on the next available flight. If you don’t want that it will provide a refund. It won’t pay for food or a hotel.

Jetstar merely says it will “try to assist you to get to your destination”, so no credit or refunds.

Tiger will offer a credit note valid for six months.

Airlines say in their delays and cancellations policies they expect passengers to have travel insurance.

Don’t the Australian airlines lie about why they cancel? Isn’t it just due to low bookings?

The Australian Competition and Consumer Commission says this issue is of “significant concern” and has been in talks with airlines about it. The ACCC also said it was “concerned about instances where an airline’s policies outlining remedies offered to consumers are not consistent with a consumer’s (legal) rights”. But it didn’t say it was going to do anything about this.

Qantas flights will have different rules. Picture: News Corp

How do I give myself the best chance of getting a fair outcome in a dispute?

Having spent nine years helping people with consumer complaints I would forget about the Airline Customer Advocate. You will have to write a written complaint to the airline and provide copies of tickets, boarding passes, receipts of costs and records of communications with the airline. In your complaint letter, say you intend to file proceedings in your state consumer tribunal if your out of pocket costs are not reimbursed within two weeks. The cost of the airline turning up to the tribunal will be higher and so the airline will likely pay. Also, if the cancellation was for a reason within the airline’s control you have a strong case. Personally, I take out travel insurance to protect my family, even on domestic trips.

Why?

It’s cheap and will also protect you against gouging by rental car companies. Policies tested and recommended by Choice (and which cover cancellations) can cost as little as $70 for a week’s domestic travel by a couple or family.

If there was a compensation scheme, how might it work?

The best example elsewhere is in the European Union, where if a flight arrives three hours or more after schedule, is cancelled or overbooked, then passengers are entitled to between €250 and €600. To get the top amount the flight has to be at least 3500km long and depart or land outside the EU and will only apply if the cancellation or delay wasn’t the result of extraordinary circumstances.

Originally published as How to fight an airline for compensation if your flight is suddenly cancelled