In a sternly worded submission to the Australian Federal Government, consumer advocacy giant CHOICE has criticized the proposed Aviation Customer Rights Charter as fundamentally inadequate. According to CHOICE, the draft Charter could potentially dilute existing rights under the Australian Consumer Law (ACL) rather than enhance consumer protections.
Bea Sherwood, CHOICE’s Senior Campaigns and Policy Advisor, emphasized that while the Charter is a commendable first step, it lacks clarity and strength, which are essential for adequately protecting travellers.
“The draft Aviation Customer Rights Charter may offer less protection than consumers currently have under existing laws, especially when flights are disrupted due to uncontrollable events like weather conditions,” Sherwood explained. Under current consumer guarantees provided by the ACL, passengers are entitled to refunds or alternative flights in these scenarios—a surprisingly missing or weakened provision in the proposed Charter.
The necessity for robust passenger rights has become abundantly clear following the widespread disruptions experienced during the global pandemic. Many Australians struggled to secure refunds, use travel credits, or navigate complex airline policies, which CHOICE argues is unacceptable in any future crisis.
“When travel abruptly stopped in 2020, travelers faced significant challenges, from getting refunds to dealing with inconsistent airline responses. Shockingly, many of these issues remain unresolved today,” Sherwood said. “It’s imperative the new Charter proactively addresses these persistent concerns.”
CHOICE has outlined four pivotal recommendations aimed at significantly strengthening the Charter:
1. Mandatory Refunds and Rebooking Rights
CHOICE asserts that the Charter must explicitly guarantee passengers the right to an alternative flight or a full refund when cancellations or significant delays occur—regardless of the cause. Airlines vary widely in their responses, leading to consumer confusion and dissatisfaction.
Sherwood firmly argues: “Consumers deserve consistent rights to either a timely refund or rebooking option across all airlines operating in Australia. Uncertainty around these fundamental rights should be eliminated completely.”
2. Defined Compensation for Delays and Cancellations
CHOICE insists on standardized compensation minimums for additional expenses like meals, accommodation, and airport transfers when flights are significantly delayed or cancelled to foster consumer confidence and transparency. Consumers are left vulnerable to inconsistent practices across different airlines without such standards.
“Clear, mandatory minimum compensation levels ensure travelers know exactly what they’re entitled to in disruption scenarios, empowering them with the information they need,” Sherwood stressed.
3. Standardized Airline Terms and Conditions
CHOICE also recommends that the Charter mandate a unified format for airline terms, conditions, and carriage agreements. Navigating airline documentation is complex and opaque, hindering consumers’ complete understanding of their rights.
Sherwood passionately advocates for this clarity: “A standardized format across all airlines will greatly simplify how consumers access and interpret their rights, ensuring transparency and fairness in the industry.”
4. Explicit Standards for Baggage Claims
Furthermore, CHOICE identifies a glaring omission regarding damaged, delayed, or lost baggage claims in the draft Charter. They propose including clearly defined timelines and compensation amounts, creating a single, authoritative source of information that uniformly protects consumers across all airlines.
“Currently, passengers must navigate varying airline policies for baggage issues, leading to unnecessary confusion. Establishing clear, uniform standards would significantly simplify this process,” Sherwood stated.
Given Australia’s recovering travel industry, the advocacy group’s recommendations come at a crucial time. CHOICE’s thorough analysis and assertive stance underscore an urgent need for the Australian government to revise the draft Charter to deliver comprehensive and uncompromising protections for air travellers.
CHOICE’s complete submission and detailed recommendations can be accessed on their official website: CHOICE Aviation Charter.
With growing public awareness and increasing demand for fair and transparent aviation rights, the Australian government now faces significant pressure to deliver tangible improvements that reflect consumer needs and expectations, safeguarding the future of travel.
Written by: Sandra Jones
