Today, CHOICE is releasing its submission to the Federal Government's consultation on the draft Aviation Customer Rights Charter (the Charter).
While the draft Charter represents an important step in the right direction, it needs more work to give consumers clear, comprehensive and strong rights when flights don't go to plan.
"The draft Charter may be weaker than existing consumer protections under the Australian Consumer Law, such as consumer guarantees. For example, consumers are entitled to a refund or replacement where flights are delayed or cancelled due to weather events under consumer guarantee rights, but may not be under the draft Charter," says Senior Campaigns and Policy Advisor, Bea Sherwood.
"Consumers want, and need, stronger protections when travelling. When the pandemic caused travel to halt in early 2020, many people faced difficulties obtaining refunds, using travel credits, navigating inconsistent policies and understanding their rights. These issues continue today, and the Charter must address them to protect consumers in the future," says Sherwood.
"CHOICE has made recommendations to improve the Charter, and ensure consumers are effectively protected when travelling," says Sherwood.
CHOICE's key recommendations to improve the Aviation Customer Rights Charter include:
1. The Charter should include the right to a replacement flight or a refund when a flight is cancelled or significantly delayed through no fault of the consumer.
"Consumers should have the same rights to be rebooked or receive a refund across all Australian airlines when a flight is not delivered on time. The Charter should include the right to rebook or receive a refund, regardless of whether the reason for the delay or cancellation is inside or outside of the airline's control," says Sherwood.
2. The Charter should establish minimum compensation amounts for different scenarios.
"The Charter should set minimum amounts for compensation for meals, accommodation and airport transfers for significant delays and cancellations. These measures will ensure that a consumer knows what to expect regardless of the airline they fly with, and ensure that the Charter has all of the information a consumer needs in the event their flight is delayed or cancelled," says Sherwood.
3. The Charter should require a standardised format for airline terms and conditions and conditions of carriage.
"We recommend that a standardised format of terms and conditions and conditions of carriage be developed, as it would make it easier for consumers to find and understand their rights and ensure greater transparency across the aviation industry," says Sherwood.
4. The Charter should set specific standards for claim times and compensation for damaged, delayed or lost baggage.
"Currently, the Charter does not outline any specific timing for both making claims and receiving compensation from the airline when a bag is damaged, delayed or lost. We strongly recommend the Charter includes specific standards to ensure consumers have one source of information and that all airlines treat consumers the same," says Sherwood.
Read our Aviation Customer Rights Charter submission here.
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