With Australians travelling more in the wake of the COVID-19 pandemic, Consumer Protection is reminding all of their rights under the Australian Consumer Law (ACL) if something goes wrong with a travel product or service.
Commissioner for Consumer Protection, Trish Blake said that beyond what is outlined in the terms and conditions, the travel provider is bound by the ACL to deliver a cruise, flight, tour or accommodation that meets the description or advertisement.
“This issue was recently highlighted when Perth cruise passengers were told shortly before departure their ship was no longer heading into open waters and would instead remain docked in WA for maintenance,” Ms Blake said.
“Following media coverage on the issue that included commentary by Consumer Protection, our understanding is the maintenance was subsequently cancelled and the cruise proceeded as originally planned.”
She said that in addition to delivering on what was promised, travel services must also be provided with due care and skill, fit for any specified purpose and occur within a reasonable period of time (if no time was set when booking).
“When one of these consumer guarantees is not met, the appropriate remedy will depend on how major the problem is,” Ms Blake said.
“If you wouldn’t have paid for the service had you known about the problem, it’s considered a major failure and means you get to choose the remedy, which could include a refund, compensation or new booking.”
With minor failures that could be resolved, the travel provider could choose to fix the issue or provide a replacement service in a reasonable time.
She warned that while the ACL protected travel consumers within Australia, accommodation or travel booked with overseas companies might mean entitlements were dictated by the consumer regulations in that jurisdiction.
