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Posted: 2019-01-17 19:00:03

Updated January 18, 2019 09:42:38

Delays and cancellations are part and parcel of air travel, but Ricky Proudfoot didn't expect to have to pay $4,000 extra to reach his own wedding on time.

His plan was to fly from his home in Cairns to Brisbane with Jetstar, then take an international flight to the UK, where he would serve as his childhood friend's best man before walking down the aisle himself.

When Mr Proudfoot arrived to check-in with 20 minutes to spare, he was told the flight to Brisbane had been overbooked and he'd been bumped to a flight more than 24 hours later.

When he explained the urgency of connecting with his international flight, Jetstar suggested he should wait around in case another passenger failed to show.

Mr Proudfoot approached all other available airlines and waited at the gates of all Brisbane-bound flights hoping to nab a seat, to no avail. He went back to Jetstar, was given a seat on a flight to Melbourne, the suggestion being he could catch a Heathrow-bound plane that would enable him to make it to the weddings on time. By this time, it was late at night and he was promised a hotel and dinner in Melbourne.

Upon his arrival, however, he was told there had been no communication regarding a hotel room. He was handed $6 to buy dinner.

When it came time to return to Australia, Mr Proudfoot was again stopped at check-in. Because he'd missed his original flight to the UK, his return had been cancelled.

He forked out more money for a new ticket so that he could accompany his new wife on their honeymoon in Hobart.

Back home in Cairns, Mr Proudfoot attempted to contact Jetstar for compensation for his losses. He received a $200 voucher for Jetstar travel with 6 months to use it.

"They made it sound completely normal," he said. "All I got were non-committal, broad statements from Jetstar, like 'This is the risk you take when you fly with us'."

"There was zero room for negotiation".

Jetstar has since clarified that the flight was not overbooked, but moved to a plane with fewer seats.

"We understand delays can be very frustrating and sincerely apologise to Mr Proudfoot for the inconvenience the change of flight caused for his travel plans and the miscommunication about the reason for his disruption," said a Jetstar spokesperson.

Between delays, cancellations, overbooking and maintenance, a booking isn't necessarily a guarantee. So, what can you do to best secure your seat, and what are your rights when you're left out of pocket?

Your rights when you do miss out

Airlines must operate within Australian consumer law, so if your travel is affected by something within the airlines' control, such as mechanical or staffing issues, they are bound to compensate you for losses. This doesn't extend to weather disruptions, which are outside the airline's control.

The ACCC is in the process of reviewing a "super complaint" into unfair practices within the air travel sector, lodged by Choice when the level of complaints received by the consumer advocacy group reached what they called "epidemic" proportions.

"The airlines need to be looked at," Choice money and travel specialist Jodi Bird said.

Qantas, Virgin, Jetstar and Tiger are reviewing their refund policies after an investigation by the consumer watchdog found their terms and conditions could mislead customers to believe they had no rights to a refund.

"No matter how cheap the fares are, airlines cannot make blanket statements to consumers that flights are non-refundable," said ACCC chairman Rod Sims.

"It's frustrating for travellers when they have difficulty getting a refund for flights when they are entitled to one."

If you are denied boarding, airline staff must do their best to get you to your destination within a reasonable margin of your original arrival time. This can include organising a seat on a different airline.

It's a good idea to write down a short summary of your interactions with airline staff immediately afterwards for reference.

If the alternate travel organised by the airline seems inadequate, Choice recommends you demand compensation for a delayed or cancelled flight up front.

"If that doesn't work, keep your expenses on accommodation and meals reasonable, hold onto your receipts, and write to the airline, citing their conditions of carriage," Mr Bird said.

"If that doesn't work, complain to your state consumer affairs and the airline customer advocate."

How to avoid losing your seat

Nearly a quarter of all air travellers in Australia experiences delays, with more than half of those disruptions lasting more than two hours, according to research by Choice.

It's impossible to completely protect yourself from travel disruptions, but there are some steps you can take to reduce the possibility of an extended stay in the terminal.

  • Check in online whenever possible. As was the case with Mr Proudfoot, the last passengers to check in are usually the ones to miss out when a flight has too many passengers. You can secure your boarding pass online regardless of whether you need to check in baggage. Online check in usually opens 24 hours before your flight and closes an hour before take-off.
  • Take weather patterns into consideration when booking your flight. You don't have to go so far as predicting wind speed, but you are more likely to encounter a storm delay if your flight is scheduled in the afternoon on a humid summer day than in the morning.
  • Research your travel insurance thoroughly. Mr Proudfoot's insurance didn't cover any of the expenses associated with his flights because the issues fell under airline negligence.

Why is air travel in Australia so unpredictable?

In Australia, airlines offer cheap fares on the assumption that consumers accept the risks of delays or cancellations.

A "prescriptive compensation" scheme which forces airlines to assume the risks would increase the cost of airfares, a spokesperson for the Department of Infrastructure and Regional Development told Choice.

Airlines also aren't bound by timetables. The airline's contract with you is to get you from A to B within a reasonable margin of the timetable, which is how the practice of overbooking is legal.

Qantas, Virgin, Jetstar and Tiger all admit to overbooking some flights.

Overbooking is more likely to occur during the peak travel season and on flight paths popular with corporate travel.

Australia behind other countries

Australia is lagging behind other countries when it comes to airline compensation schemes, says Mr Bird.

"Even in New Zealand and the US they've got more guidance than we have."

In New Zealand, consumers can claim compensation for expenses such as meals, taxi fares, missed events and missed flight connections. Passengers can claim for damages up to 10 times the cost of the ticket, or their out of pocket costs due to the delay (whichever is lower).

In the US, while you won't receive compensation for your losses from a flight delay, there are rules if you are bumped through overbooking. Airlines must ask for volunteers to give up their seat on the flight in return for compensation. If you are involuntarily booted from the flight, you are entitled to compensation between two and four times the price of your ticket, depending on the length of your delay.

Topics: business-economics-and-finance, industry, air-transport, consumer-protection, australia, qld, cairns-4870

First posted January 18, 2019 06:00:03

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