But what happens when you are in Australia, flying home to New Zealand?
According to experts, it’s a complicated question and depends on several factors.
What are my rights as a traveller in Australia?
In most cases, it’s ‘house rules’ when it comes to what laws govern your rights as a traveller.
If you’re in New Zealand, you’re covered by New Zealand’s aviation or consumer legislation such as the Civil Aviation Act, which entitles travellers to compensation from airlines, in certain circumstances.
Therefore, when you are in Australia, your travel rights are protected by Australia’s laws and rules.
The issue is, Australia does not have its own version of the Civil Aviation Act. So, you are mainly covered by the airlines’ own policies, the Australian Consumer Law and a handy law called the Montreal Convention.
My flight has been delayed/cancelled. What do I do first?
According to consumer rights groups, insurers and government organisations, contact the airline directly for a resolution.
In some cases, the airline’s solution could be sufficient, depending on the nature of the disruption and your circumstances. For example, the airline’s accommodation and food vouchers and rebooked flights could mean you are not left out of pocket.
I’ve got a problem with what an airline has offered, what next?
By purchasing a ticket, you enter into a contract with the airline where they will get you from point A to B in return for your money.
According to the Australian Competition and Consumer Commission (ACCC), airlines don’t typically specify a timeframe in their terms and conditions, however, because you have purchased a ‘service’, it must be delivered within a ‘reasonable time’.
If a flight is delayed for a length of time that could be considered ‘unreasonable’ or cancelled altogether, “customers may be entitled to a replacement flight or refund”.
If you had to book a flight with another airline because the original airline didn’t have reasonable alternatives, you could be entitled to a reimbursement for the cost of the new flight.
The act applies to flights within Australia, international flights departing Australia and international flights to Australia booked through an airline’s Australian website.
However, it does not entitle you to compensation for other costs such as accommodation, food or transport.
What is a ‘reasonable’ time?
Unfortunately, there is “no one set definition of what will be ‘a reasonable time’ because many different factors may be relevant in each individual case” according to the ACCC. Therefore, it’s up to consumers to argue their case with the airline.
Who do I contact if the airline refuses to offer a refund or compensation for a new flight?
If the airline refuses to refund the flight or reimburse an alternative flight you had to book, ACCC recommends contacting the local consumer protection agency in the state you are departing from. While this can become difficult after you leave Australia and return home, this can be done over email.
Alternatively, you can go through the Airline Customer Advocate (ADA). This is an ‘independent’ Australian agency that is funded and run by Qantas, Virgin Australia, Jetstar and Rex.
The process of lodging a complaint involves several steps.
Customers must submit a complaint to the airline directly. If the response is unsatisfactory, they must request a review and wait for a final decision. If they do not receive a desired response, customers can then present their case to the ACA.
The amount of time and resources required to pursue a complaint via the ACA may be why they received 599 “eligible complaints” in 2021, while the ACCC received 9,149 travel-related complaints. Of these, 1740 were related to Qantas alone.
How do I get reimbursed for additional costs caused by a disruption?
If you took a replacement flight with the airline, you won’t want a refund but you may want reimbursement for additional costs.
As mentioned, the Australian Consumer Law does not entitle you to compensation, but the Montreal Convention could.
The international law covers travellers flying between two signatory countries such as Australia and New Zealand, according to a Consumer NZ spokesperson.
“Anyone flying between these two countries can claim back any costs they incur (up to a limit of about NZ$11,000) as a result of a delay or cancellation that was within the airline’s control,” they said. But it isn’t a sure thing.
“Airlines won’t be liable under the Convention if they can prove they took ‘all measures that could reasonably be required to avoid the damage [incurred by the cancellation or delay],” the spokesperson added.
How do I claim compensation under the Montreal Convention?
All claims under the Montreal Convention should be taken to the airline first. If it refuses to pay out, the next step depends on how you booked your airline ticket.
If you booked through a New Zealand website, you can take the matter to the Disputes Tribunal in New Zealand. The only hurdle, according to Consumer NZ, would be if the airline, such as Qantas, does not have a physical address in New Zealand.
If you booked your fare through an Australian website, you must contact the local state and territory small claims tribunal from the place your flight departs.
Is it worth pursuing compensation?
No matter how you approach it, chasing compensation for a disrupted flight whilst overseas is not as quick, painless or fair as it should be.
This does not mean travellers should not seek reimbursement for costs when an airline has fallen short but it is important to understand the time, patience and (if you escalate it to a Disputes Tribunal) money it can involve.
