Need to know
- A government white paper released late last year recommended that a new independent aviation ombudsman oversee an aviation customer rights charter
- In our submission to the consultation process, CHOICE makes the case that the draft charter lacks clarity on key points, including who's going to enforce it
- We're calling for a charter with a standardised approach to terms and conditions, set levels of compensation for meals and accommodation, and more
It won't come as news to most Australians that our rights are few and far between when it comes to air travel. In recent years, the chances of our flight taking off on time – or taking off at all – have grown increasingly slim. We've been left with little choice but to grudgingly accept the poor service.
The COVID-19 pandemic brought the airline sector's shortcomings into sharp relief. Qantas, in particular, failed its customers on many fronts, not least by making it very difficult to redeem credits for flights that had been cancelled due to the virus. The airline's troubling behaviour paved the way for a 2022 CHOICE Shonky award.
Other airlines have fallen short as well. In December 2023, CHOICE research revealed that two out of five of the 9000 airline customers we surveyed had experienced a flight delay or cancellation over the previous year, and that the chances of a flight leaving on time that holiday period were about 50/50.
The federal government released a white paper in November last year that charted a course to a more customer-centric future. It called for an independent aviation ombudsman to replace the industry-funded Airline Consumer Advocate, recipient of a 2021 CHOICE Shonky. The ombudsman is expected to be established in 2026.
CHOICE calls for stronger customer rights charter
The white paper recommended that the ombudsman legislation establish a customer rights charter, spelling out the circumstances under which passengers must be refunded or otherwise compensated. But the current wording of the charter lacks clarity in key areas.
In some cases, the charter may be weaker than existing consumer protections under the Australian Consumer Law or the airlines' own policies. It wouldn't protect, for instance, against many of the systemic failures that were on vivid display during the pandemic.
In our submission to government on what the final version of the charter should look like, we point out a fundamental flaw in the current design: it's not clear who's going to enforce it. CHOICE is calling for absolute certainty on how the customer rights charter will be implemented by the Aviation Ombudsman Scheme to resolve disputes, and how an appropriate regulator will ensure compliance.
If we were to experience another global event like a pandemic, consumers would be no better protected under this draft charter
CHOICE senior policy and campaigns adviser Beatrice Sherwood
CHOICE is also calling for the following groundwork to be done to ensure that the final version of the charter provides the necessary protections for all Australian travellers:
- Consultation on disability and accessibility issues with people with lived experience of these issues.
- Developing a standardised approach to terms and conditions, including rights to refunds and rebookings for cancellations or delays, whether or not they're within the airline's control.
- Establishing set levels of compensation for meals and accommodation.
- Setting specific guidance for claim times and compensation for damaged, delayed or lost baggage.
"While the draft charter is a welcome next step, it currently lacks the necessary clarity, comprehensiveness and strength to adequately protect consumers when flights don't go to plan," says CHOICE senior policy and campaigns adviser Beatrice Sherwood.
"If we were to experience another global event like a pandemic, consumers would be no better protected under this draft charter. For example, consumers may actually be entitled to a remedy and compensation for flights cancelled or delayed by weather events under consumer guarantee rights, but may not be under the draft charter. Consumers want, and need, stronger protections when travelling, so this charter is a crucial opportunity to give them that, we just need to make sure we get it right."
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