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Booking through travel agencies can be a way of snagging the best deals on flights. But what happens when those flights get cancelled or rescheduled? Can you expect a refund? And will it come from the airline or the agency? As some of our readers share their experiences we asked experts for their take. Let's unpack. Left in the lurch Brisbane resident Ahmed Hussain was due for a visit back home to Pakistan in May. But unrest in the country unfolded just a week before his departure date, leaving him unsure if it was still safe to travel. While friends and family had flights cancelled or changed, there were no updates from his travel agent. "I did not even know if my flight had been rescheduled or had been cancelled. I had to keep calling them to find out," Mr Hussain says. After several exchanges during the week, his travel agent confirmed the flight had been cancelled and he could expect a 35 per cent refund, as per their policy. But the payment didn't arrive, despite Mr Hussain regularly chasing them up. Four months in and he's only received half the amount. When can you get a refund? You'll be protected by Australian consumer law when your flight is: within Australialeaving Australiabooked through an Australian website. Under these rules, automatic consumer guarantees apply, including that airlines are required to provide you with services within a reasonable time frame. However, whether an airline has failed to meet these guarantees will depend on the circumstances. In particular, airlines will look at whether the flight delay or cancellation was within their control — such as a "mechanical fault or crew rostering issue", explains Canstar's data insights director Sally Tindall. "For example, Qantas' policy states that weather events, air traffic control issues and security issues are not within their control." In the event of a flight delay, Ms Tindall says other forms of compensation such as refunds for meals and accommodation costs may also be included. "For example, Virgin Australia's policy states that travellers who are away from their home city might be entitled to accommodation and meals if their flight is delayed overnight," she says. "But the amount of compensation is capped, so it's worth knowing exactly what this is. The airline's compensation policy should outline the different levels of reimbursement offered for various scenarios. The general rule of thumb is you're less likely to get a refund if you cancel, change, or miss a flight on your own accord. However, if you had purchased a flexible ticket or travel insurance, changes or cancellations might be covered subject to the company or insurer's policy. Are flight credits an option? The short answer is yes. An ACCC spokesperson says where airlines fail to meet consumer guarantees, passengers should be entitled to "a replacement service, credit or refund, depending on the facts involved". In case of a cancellation, you should get to choose how you would like to be reimbursed, Ms Tindall says. Here are some things Australian Travel Industry Association (ATIA) CEO Dean Long wants people to keep in mind if they opt for flight credits: ensure credit offers are provided in writing and include all relevant termskeep a clear record of the value of your credits and any restrictions on how they can be usedcheck when your travel credits expire. It is your responsibility to use credit within the expiry periodif you are unsure of the balance or status of your credits, ask your agent for written confirmation — your agent can liaise with the airline to clarify any queries you may have. "We typically find that travel credits are provided to the value you purchased the flight ticket for," Mr Long added. Going around in circles Adelaide resident Robert Dinnen had gone with a Czech-based travel agency for an elaborate trip around Europe. Then COVID struck and the overseas travel ban fell in place. Because he had paid using a credit card he tried contacting his bank to retract the payment of $2,000 for flights. He said they had told him: "There was no way to charge back because they said it was an internal dispute process with the travel agency." So he went on to repeatedly contact his travel agent for a refund and, each time, they said they were waiting on the carriers to issue one. This went on for about five months before Mr Dinnen decided to check in directly with four airline providers to get more information on the status of his refund. "I spoke to the carrier who said everything's been refunded, and then I got a $100 payment," he says. The amount was final. "Nothing was ever forwarded to me. [The travel agency] didn't say what the $100 was for, if it was a component or a partial refund," Mr Dinnen says. "It was just a random amount." Mr Dinnen checked the company's online reviews and found that many others had similar experiences. Who is responsible for issuing a refund? When you go through a travel agent or an online booking platform the terms and conditions of both the airline and intermediary will apply to their booking, according to the Australian Competition and Consumer Commission (ACCC). However, ATIA's Dean Long says airline policies and fare rules takes precedence. "An agent cannot provide more than what the airline or supplier offers," he says. Ultimately, who you paid is who will issue your refund. Travel agencies will act on the customer's behalf, confirm whether you're eligible for a refund, facilitate the process with the airline and get the money flowing back to you, Mr Long explains. "Your agent is there to manage the process, but the actual refund comes from the supplier," he says. "If the deal is too good to be true, and you've never heard of the website, and they're not an Australian business, you've really got to be asking yourself where are you putting your credit card?" How long should a refund take to come back to you? It can stretch up to 14 days once a settlement is reached, Mr Long says. Depending on where you are on the settlement cycle it can be shorter where the average, Mr Long says, is "between five to seven days". Can travel insurance protect you? If you've taken out travel insurance you may be able to claim back money from the insurer for flight changes or cancellations the airline won't refund, says Canstar's Sally Tindall. As an example, if you have a medical emergency before flying the airline won't refund you but your costs might be covered by your insurer, depending on the policy. However, the insurer may ask you to pursue a refund or replacement service from the airline first. Another benefit is having "a higher chance of getting cash back and not just credits," Mr Long adds. However, each policy will have inclusions and exclusions that determine what is covered. Examples of common exclusions from travel insurance policies include: elective surgeries overseaspregnancy past a certain pointtravel to "do not travel" destinationsacts of war or terrorismillegal activitiesany incidents the occur while you're under the influence of alcohol or drugs. Where can you seek extra help from? Here are some steps experts suggest you can take. Firstly, contact your travel or booking agent to request a remedy. But if you have read the terms and conditions in your booking and still disagree with your travel agent's compensation outcome, you can take these steps: contact your local consumer protection agency for assistancemake a claim with your local small claims court or tribunalreport to ACCC if you believe that a travel provider is misrepresenting your right to a remedy for cancelled flights. Secondly, contact your travel insurance provider to find out your eligibility for a refund if you bought insurance with a separate provider. And if you would like to dispute the decision, here's what you can do: lodge a formal complaint internally through your insurer's grievance processescalate the matter to the Australian Financial Complaints Authority (AFCA) if the outcome remains unsatisfactory. Lastly, for better consumer protection, booking with ATIA-accredited businesses will give you access to a free mediation process with ATIA. To support this joint initiative with Consumer Federation Australia and Choice, the ATIA's Complaints Appeal Committee (ACAC) has been appointed as the independent review body to make final decisions on any follow-up appeals to the mediation outcome. Alternatively, you can escalate through civil tribunals if the outcome is unsatisfactory. Mr Long says "ultimately you need to find someone, whoever that may be, that gives you the value you're after".
