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The first item in a new Australian Competition and Consumer Commission (ACCC) bulletin on consumer rights in relation to COVID-19 is headed: Travel cancellations and changes.

The ACCC says it will update the section regularly as new guidance is available.

“The ACCC understands many businesses are struggling to manage cancellations at this time. Mindful of this we are urging consumers to remain patient, and where possible to contact the business by email or website, rather than by phone. These are very complex issues and may take smaller businesses more time to respond.”

On the travel front, questions the ACCC tries to answer include:

  • “My flight, cruise or tour has been cancelled. Am I entitled to a refund?”
  • My flight, cruise or tour service has been cancelled. Am I entitled to compensation for related expenses booked separately such as accommodation?”
  • “I wish to cancel my travel booking due to health and safety concerns about COVID-19. What are my rights in this situation?”

On the first question, “My flight, cruise or tour has been cancelled. Am I entitled to a refund?” The answer is:

  • If your travel is cancelled the ACCC expects that you will receive a refund or other remedy, such as a credit note or voucher, in most circumstances.
  • If your travel is cancelled due to government restrictions, this impacts your rights under the consumer guarantees. However, you may also have other remedies outside of the Australian Consumer Law. For example, you may still be entitled to a refund under the terms and conditions of your ticket.
  • If you had a right to a refund under these terms and conditions at the time you purchased your ticket, businesses are not permitted to change the terms at a later time to deny you a refund.
  • Depending on your circumstances, you may also have other rights under common law, contract or state legislation.
  • You should contact the business directly to request a refund or other remedy such as a credit note or voucher.
  • If you receive a credit note or voucher, it should have an expiration date which is long enough to allow you to use the credit note or voucher.
  • State and territory consumer protection agencies may be able to assist with guidance or conciliation involving relevant state legislation. Consumers may also wish to seek independent legal advice about whether they may have a remedy under common law, contract or state legislation.
  • The ACCC encourages all businesses to treat consumers fairly in these exceptional circumstances.

For the answers to the other two questions, see the ACCC site here: https://www.accc.gov.au/consumers/consumer-rights-guarantees/covid-19-coronavirus-information-for-consumers#travel-cancellations-and-changes