Flights, cruises and tours

You have consumer rights if a flight is delayed or cancelled by an airline, with no reasonable replacement or refund offered.

This applies to:

• flights within Australia
• international flights departing Australia
• international flights to Australia booked through an airline’s Australian website.

These rights apply regardless of whether you book the flights:

• directly with the airline
• through a travel agent, or
• through a third party or intermediary, such as a booking platform or travel package provider.

The consumer guarantee that services are provided within a reasonable time may be relevant if a flight is delayed or cancelled. This can depend on:

• the length of the delay
• whether the delay or cancellation was within the airline’s control
• whether the airline moved you to a different flight, and if so the timing of the different flight.

If your replacement flight is not within a reasonable time, the airline must give you the choice of a different replacement flight or a refund.

If you had to book a flight with another airline because the first airline had no reasonable replacement flights, and the flight delay or cancellation was within the first airline’s control, you also may have a right to compensation from the first airline. 

Find out how to make a claim for a refund or compensation.

It is important you first check the terms and conditions of your contract with the business. These terms and conditions determine what the business can do if your cruise or tour is cancelled.

After reviewing the terms and conditions, you may wish to discuss your options with the business. An honest discussion usually results in the best outcome for everyone.

Your options may be:

• a refund. If you had a right to a refund under the terms and conditions when you made your booking, businesses cannot refuse you a refund.
• a credit or voucher. These allow you to use the money you already paid to the cruise line at a later date. Any credit notes or vouchers should have an expiration date that is long enough to allow you to use it. Three years is a good example of a reasonable time to use the credit. 

If you are unable to resolve the problem with the business, please go to How to resolve a dispute for more information.

If your flight was cancelled due to COVID-19, you may be entitled to, but are not guaranteed, a refund. This will depend on the law at the time of the cancellation and the terms and conditions you agreed to when you bought your ticket.

Carefully read the terms and conditions to understand your rights. If you had a right to a refund due to COVID-19 cancellations when you purchased your ticket, businesses cannot refuse you a refund.

Future travel tip

Check your terms and conditions before you book as some airlines have begun to include clauses that exempt refunds due to COVID-19 cancellations.

You may want to take out a travel insurance policy that covers COVID-19 cancellations to ensure you’re covered for potential COVID-19 related disruptions to your travel plans.

Find more information on replacements and refund.

Travel insurance can cover the loss of the deposit or cancellation fees, medical expenses, personal liability, loss or theft of baggage and travel documents.

Each travel insurance policy differs in the level of cover it provides. All travel insurance providers must give you a Product Disclosure Statement which explains when you are covered and eligible to claim against the policy.

If your travel claim for loss, damage or reimbursement has been denied, generally you must appeal the decision with the insurer by requesting a review of the decision. Consumers can request a review of the decision made.

After the insurer has had the opportunity to review the initial decision, a final decision is made. If you are still dissatisfied with the outcome, you can contact The Australian Financial Complaints Authority (AFCA), a dispute resolution scheme that deals with complaints from consumers about financial products and services, including insurance.

NSW Fair Trading can’t help with these matters, as AFCA is the appropriate body to handle insurance claim denial disputes. Contact AFCA on 1800 931 678 or visit the AFCA website for more information.

If you received incorrect information regardless of whether it was intentional or not, you may have consumer rights under the Australian Consumer Law. Information provided by businesses is covered by consumer guarantees. You may be able to seek a solution or compensation from the airline for your losses. These losses will have to be proven to the airline by the way of receipts or other forms of evidence.

Firstly, contact the airline to try and resolve the problem before contacting the industry body or NSW Fair Trading.

If you cannot reach a resolution with the airline, you can contact an industry body or make a complaint with NSW Fair Trading.

If your luggage has been lost or damaged by the airline you flew with, you may be entitled to compensation depending on the nature of the damage.

You should first seek to resolve the problem directly with the airline carrier before contacting an industry body or NSW Fair Trading.

If you cannot reach a resolution with the airline, you can contact an industry body or make a complaint with NSW Fair Trading.

Some airlines will not take responsibility for luggage damage such as:

• wear and tear, such as., cuts, dents and scratches
• damage that results from overpacking.

If your damage is more severe, you may be entitled to compensation. The amount will depend on the damage and whether your travel is domestic or international.

Domestic travel compensation

If your damage is more severe and your travel is domestic, airlines must compensate you for lost or damaged luggage under the Civil Aviation (Carriers' Liability) Act 1959 or relevant state legislation.

An airline’s liability for loss or damage is limited to AUD$3000 per passenger for checked luggage and $300 per passenger for your carry-on.

You have consumer rights if a flight is delayed or cancelled by an airline and there has been no reasonable replacement offered. You are entitled to request reinstatement of the frequent flyer points used to make the booking.

You should always check the terms and conditions of the Frequent Flyer program before making the booking.

Contact the airline to try and resolve the problem before contacting the industry body or NSW Fair Trading.

If a resolution is not reached with the airline, you can contact an industry body or make a complaint with NSW Fair Trading.

If you are the one cancelling the flight the terms and conditions (T&Cs) determine what options may be available to you in the event of cancellation. This will depend on the T&Cs you agreed to when booking your ticket. You will need to contact your service provider to discuss the options available to you.

Remember if you change your mind, you may not be entitled to claim a solution.

If you are unable to resolve the problem with your service provider, you should obtain independent legal advice to understand more about your rights under common law, contract law and the Australian Consumer Law.

If you leave Australian waters, the normal consumer guarantee protections under the Australian Consumer Law no longer apply. While many countries have their own consumer protection laws, it is important travellers understand these differ on international waters.

Always consider whether you need to purchase the item immediately, or if it is something that can wait to be purchased upon returning to Australia.