Travellers should know what their rights are when a flight is delayed or cancelled. Photo / 123rf
Travellers should know what their rights are when a flight is delayed or cancelled. Photo / 123rf
Jetstar has been accused of misleading customers about their rights to compensation when flights are delayed or cancelled by the Commerce Commission (ComCom).
When your flight is delayed or cancelled, what compensation are you entitled to?
If you don’t know the answer, you should brush up on your rights because airlines aren’t always an honest source of information, according to ComCom’s allegations.
The charge, set to be filed at Auckland District Court, claims Jetstar made misleading statements to customers between 2022 and 2023 and “likely discouraged them from seeking compensation,” said the commission’s general manager of competition, Vanessa Horne.
“Airlines have a responsibility to not mislead consumers about their rights in the event of cancellations or delays,” Horne said.
Screenshots of a conversation between a passenger and Jetstar from August 3, 2022. Photo / Supplied
Jetstar has fully co-operated with the investigation and apologised to Kiwi customers, admitting it made assessment errors when travel restarted after Covid-19 lockdowns.
“Late last year, we began reviewing past claims and reaching out to impacted customers to ensure they are correctly reimbursed, and we are continuing to work through this as a priority,” the airline said.
What are you entitled to when a flight is delayed or cancelled?
You may be entitled to compensation if you suffer disruptions or unexpected costs resulting from a delayed or cancelled flight.
Compensation largely depends on what country you’re in and the cause of the disruption.
In New Zealand, the Civil Aviation Act covers travellers’ rights. According to the CAA, if a flight is delayed for reasons within the airline’s control, passengers are entitled to compensation for costs they can prove resulted from the delay, such as staying overnight at a hotel or buying food.
Compensation can be to the value of 10 times the cost of the airfare or the actual costs accrued, whichever is lower.
If an airline claims it can only offer a ‘set’ amount below this, customers are entitled to push back.
Reasons within an airline’s control include engineering issues, staffing issues and operational issues. Meanwhile, weather, government mandates, birdstrike, airport disruptions or medical emergencies are not within their control.
Internationally, travellers are similarly covered by the Montreal Convention. The convention states consumers are entitled to the reasonable costs caused by the delay unless the airline has done all they can to prevent the disruption.
The maximum set under the Convention is around $11,000.
My flight is delayed or cancelled, what do I do next?
Additionally, if you face unexpected costs the airline does not initially cover or provide a voucher for, such as food or accommodation, keep all receipts and copies of communications as these documents can help you request reimbursement from the airline or a travel insurance company.
