Draft aviation customer rights charter: Days of airlines behaving badly could be ending

The days of airlines behaving badly and not giving a fig about cancelled flights, delays and disruptions may be coming to an end. Prime Minister Anthony Albanese is taking a big stick to Australia’s major airlines — putting them on notice that long-suffering customers deserve better than lip service — and in some cases, total silence when something goes wrong. The Albanese Government will on Sunday release its “draft aviation customer rights charter” for public comment — which forces airlines to treat customers better. The charter — which will become law once legislation goes before the Federal Parliament next year, says customers “have a right to prompt and fair remedies and support during and after cancellations, delays and disruptions”. Hallelujah: It’s what long-suffering Australian travellers have been saying for years. Under this new aviation customer rights charter, travellers would — at no cost to them — receive assistance to rebook with the airline or an alternative airline with the option to cancel for a full refund if a flight is disrupted or delayed for more than three hours. Customers should receive a full refund for a cancelled flight within 14 days of the cancellation “in the original form of payment” — no vouchers, unless that’s what customers want. The charter also demands “accurate, timely and accessible information and customer service”. “This includes clear and easy to understand conditions including rights regarding delays, refunds, changes and cancellations, as well as all fees,” the charter proposes. “Prompt updates about delays, cancellations and disruptions once known by the airline (and) a customer service representative at the airport and/or on the phone with a call-back option to prevent wait times.” Under the charter, airlines would also have to lift their game on the handling of baggage and “fair remedies for damage and delays”. “(The charter proposes) safe and timely baggage handling and fair remedies for damage and delays,” airlines are being told. “This includes necessary reimbursements for temporarily lost luggage, prompt no-cost delivery when found, and timely claims processing when damaged or lost for good.” Any complaints to an airline should also be resolved within 30 days of a complaint being made. The new rules for airlines is an initiative of the Government’s Aviation White Paper, released in August. It follows consultation through the AWP process which found customers were dissatisfied with the performance of airlines in handling flight cancellations, delays, refunds and complaints. The charter will form part of the new statutory Aviation Industry Ombuds Scheme and will be overseen by the Ombudsperson who will have the powers to determine that customer disputes be resolved with specific remedies. New legislation would set out how the charter will be enforced, including what penalties should be enforced for airlines ignoring the new rules. The Government will also establish a regulator to oversee the penalties regime. “We’re delivering the strongest ever protections for Australian travellers to ensure passengers get what they pay for or get their money back,” Transport Minister Catherine King said. “The Australian flying public deserve to be treated with dignity and respect, and this includes receiving timely and fair remedies when their flight is cancelled or delayed and protecting those who require assistance. “ Charissa O’Beirne and her family are frequent travellers. They have family in Sydney and further afield in Ireland, who they visit at least once a year. On Saturday they were waiting at Perth Airport for their relatives to arrive for Christmas. In the June school holidays, they were headed to Sydney, but once they got to the airport they were told their JetStar flight had been delayed — by several hours. “We were not notified before we got to the airport so there were long delays, which was annoying with the kids,” Mrs O’Beirne said. “It was the lack of communication that got us. “We didn’t have a connecting flight so it didn’t impact us too much but there were people who missed their flights.” Her partner Steve O’Beirne said they would travel more as a family if the price of flights weren’t such a prohibitive factor. “If you ever want to get your money back for a flight they won’t give you the money or refund it’s always credit,” he added. “In circumstances like if it was a family emergency you have money left on credit but they won’t give you your money back, which I find frustrating.” Sophie Herinckx and Erika Romero, who flew from Sydney to Perth to road trip around WA for Christmas, paid $1000 for their return flights with Virgin. “It was a very basic fare with nothing included — luggage was additional,” Ms Romero said. “It (Virgin) feels like a low-budget airline.” Anna Teotoro and her partner Gustavo Longo, also flying with Virgin, said they were shocked at having to pay extra to choose their seats on their flight over. “We thought you could get the seats and that’s it but no we found out you have to pay extra,” Ms Teotoro said. “We decided to sit apart,” Mr Longo added. Bruno Franca and Carolina Ferreira, whose destination was sunny Fiji, chose to sleep overnight in Sydney before catching their connecting flight in an effort to save money. “It was hard to find a destination because of the cost,” Mr Franca said. “We are going to sleep in Sydney for one night and come back to the airport to get a flight to Nadi (Fiji’s capital) to save a bit of money. “It’s just a hard challenge at the moment.” In 2023, the number of complaints to the Airline Customer Advocate increased by nine per cent compared with the previous year, although this was in line with an increase in passenger numbers. Refund requests were the most common complaint, followed by flight delays or cancellations. Virgin received the most customer complaints followed by Jetstar and Qantas. Qantas took an average of 97 days to solve customer complaints, compared with Virgin’s 16 and Rex’s 19. “The customer charter of rights will make clear what has been hiding in fine print for far too long. It will give Australians greater certainty about what they can expect when flying in Australia and where to go if these conditions are not met,” Ms King said. Submissions for feedback on the draft aviation customer rights charter close on February 28 next year. Anyone wanting to make a submission can do so via this link.