Consumer group Choice says long-awaited aviation customer rights charter is weak and vague

A much-anticipated aviation customer rights charter may offer less protection than current consumer law and doesn’t specify instant refunds, which Choice says is a glaring omission.

Airlines will not automatically be required to provide refunds for weather-related flight delays or cancellations, in what consumer group Choice says is a glaring omission from the draft aviation consumer rights charter.

Released in December by Transport Minister Catherine King, the six-point charter promised to deliver “the strongest ever protection” for travellers.

Among the proposed rights included in the charter is the right to prompt and fair remedies in the event of cancellations, delays and disruptions; the right to safe and timely baggage handling and the right to accurate, timely and accessible information and customer service.

But Choice senior campaigns and policy adviser Bea Sherwood said that, under the draft charter, refunds for flight delays or cancellations would be limited to events within the airline’s control, excluding weather.

“When a flight is cancelled or delayed, the consumer should be able to receive a refund regardless of the reason for the cancellation, and the charter should go a step further to make sure that’s there,” Ms Sherwood said.

She said that the draft charter as it stood was lacking in detail and “vague”, which hopefully would be addressed in its final form.

It was also unclear how it would sit along existing Australian Consumer Law, which offered greater protection than the charter as it stood.

“We’re very glad the government, the department, is doing something in this area, but a lot more needs to be done to give consumers a set of rights that are clear, comprehensive and strong when things don’t go to plan,” Ms Sherwood said.

Choice’s submission to the infrastructure department finalising the charter also highlighted the need for minimum compensation amounts for meals, transfers and hotels in the event of flight delays and cancellations.

Consumer group Choice wants airlines to have to refund customers for flight delays and cancellations, no matter what the cause. Picture: Morgan Sette

Currently, amounts varied from airline to airline, which Ms Sherwood said only added to the confusion.

“Setting a minimum amount will ensure that consumers know what to expect regardless of what airline they fly with, and ensure that the charter has all the information a consumer needs in the event their flight is delayed or cancelled,” she said.

The concerns were timely following mass flight cancellations as a result of Cyclone Alfred that caused dangerous conditions over southeast Queensland and northern NSW last week.

Well over 500 services were axed by domestic and international airlines operating to Brisbane, the Gold Coast, Ballina, the Sunshine Coast and Hervey Bay.

In most cases, customers were invited to change the date of their flight free of charge or request a travel credit or refund, but conditions varied across the carriers.

“We recommend that a standardised format of terms and conditions and conditions of carriage be developed,” Ms Sherwood said.

Other “customer rights” included in the charter included the protection of personal information; the right to provide feedback and make complaints without retribution; and the right to be treated with dignity and respect in an accessible and inclusive environment.

It is envisioned that an aviation industry ombudsman will enforce the charter and determine how disputes with airlines are resolved, and what penalties should be imposed.

Legislation setting out the enforcement process including a penalties regime is expected to be introduced to parliament this year.

Originally published as Consumer group Choice says long-awaited aviation customer rights charter is weak and vague