The ACCC - the Australian Competition and Consumer Commission - is the Australian Consumer Law watchdog.
The ACCC provides the latest information on consumer rights, travel and event cancellations in relation to COVID-19 on its website with a special Q&A section: My flight, tour or cruise has been cancelled. Am I entitled to a refund?
Allowing for the fact that it is impossible to lay down general rules for an industry as diverse as the travel industry - from flights, cruises, day trips, tours, resorts, hotels and sports packages - the rules the ACCC lays down are vague and contradictory. For example:
- 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.
Allow me to answer the question Am I entitled to a refund? in this way:
- If travel is cancelled because of COVID-19 travel restrictions, the consumer's right to a refund does not apply because the cancellation is not the fault of the travel supplier.
- The ACCC will allow a travel supplier to issue credit note or voucher as an alternative to a refund for COVID-19 cancellation, provided that the expiration date is far enough in the future for it to be used.
- If the consumer insists upon a refund, and the travel supplier is willing to give a refund, then it is entitled to charge a cancellation fee and/or retain the travel deposit (in accordance with their terms and conditions).