If you’ve got a big trip planned, you’ll be looking forward to seeing friends or family, eating good food, visiting exotic places, and taking a break from the daily grind. The last thing you want to deal with is a niggly consumer issue.
Unfortunately, there’s a chance you’ll encounter problems while you’re away – be it flight cancellations, lost luggage or unexpected expenses. You may be willing to roll with these setbacks because, hey, you’re on holiday. But if the issue costs too much or causes too much stress, you’ll want to fix it quickly.
So whether it’s Big Trouble in Little China or Fear and Loathing in Las Vegas, we look at your rights when it comes to common travel snags.
Heading abroad? You can view official travel advisories and other advice at safetravel.govt.nz, a website run by the Ministry of Foreign Affairs and Trade. While you’re on the site, register your travel so the ministry can find you in the event of an emergency.
Flight cancellations and delays
Q. My flight has been cancelled and now I’m stuck in this transit lounge until the next service departs. What are my rights?
A. If it’s an international flight, your rights differ depending on where you are, where you’re heading and where the airline is based.
The EU’s Denied-boarding compensation system provides clear-cut consumer protection. It can be relied on if you're departing from an EU airport - or flying into an EU airport on an airline based in the EU.
The system specifies the compensation you’ll receive if the carrier is responsible for your flight’s cancellation or delay. For cancellations, you’re entitled to:
- re-routing to your final destination, a return flight home or a refund
- assistance such as meals, free phone calls and accommodation (if you’re stranded overnight)
- compensation proportionate to the distance you’re travelling – up to €600 (NZ$1000) for flights further than 3500km.
Across the ditch, your right to compensation is murkier. Choice, the Australian consumer organisation, says most airlines will either carry you on another scheduled service or give you a refund if they’re at fault for the cancellation. Some will pay for meals, accommodation and transfers, but it’s at their discretion.
In the US, the Department of Transportation only requires airlines to compensate you if you’re bumped from your flight due to over-booking. Compensation is based on the length of the delay and whether you were voluntarily or involuntarily bumped. If it’s the latter, you can get up to 400 percent of your one-way fare capped at US$1350 (NZ$2050).
Back here, the Civil Aviation Act requires an airline to compensate you if a domestic flight is cancelled or delayed for reasons within its control. Think staffing issues such as the recent cancellation of Jetstar services between Auckland and Palmerston North due to pilot sickness. The airline doesn't have to compensate you if the delay is caused by uncontrollable factors such as the weather.
Assuming the airline is at fault, compensation should include reasonably foreseeable losses caused by the snag, such as the cost of meals, missed connections or events. Cover is limited to the actual cost of the delay, or 10 times the cost of the ticket, whichever is lower. Passengers on the cancelled Jetstar services had the option of being refunded or re-routed to their final destination. Accommodation was provided where necessary.
Lost and damaged luggage
Q. My luggage has been lost in transit. Can I claim compensation?
A. On an international flight, your luggage is covered by the Montreal Convention. The convention sets out the maximum amount an airline has to pay if your luggage is lost, damaged or delayed. The sum is about $2300 for each passenger.
If your luggage is delayed, the airline’s compensation is limited to expenses for essential items. Typically, airlines don’t accept liability for consequential losses.
To claim for damaged luggage, you must write to the airline within seven days of getting your bags back. For delayed luggage, you must claim within 21 days.
On a domestic flight, your rights are set out in the Carriage of Goods Act. Here, the airline is liable for loss or damage up to $2000.
Under the Act, you have 30 days to make a claim. However, the airline is allowed to specify a shorter period in its contract. Air New Zealand gives you seven days to report lost or damaged luggage. Jetstar gives you 21 days to report a lost bag and three days to report a damaged bag.
Tip: Stuck in transit? Luggage gone walkabout? Your travel insurance may afford greater cover than the law. For instance, some comprehensive policies cover lost and unrecoverable luggage up to $30,000. See our Travel insurance guide for more information.
Travel agency slip-ups
Q. The travel agency didn’t book our tickets on the agreed date and now the price of flights has skyrocketed. Who’s liable for the additional costs?
A. The agency should foot the bill as it was responsible for arranging the contract between you and the airline. As a service provider, it’s obligated by the Consumer Guarantees Act (CGA) to carry out the service with reasonable care and skill.
The CGA’s reasonable care and skill provisions may prove useful when it comes to other travel agency-related issues. You can call on the CGA if the agency:
- arranges your international flights to Europe, but doesn’t leave enough time for you to make your connection in LAX
- books you into a hotel on the outskirts of town when you specifically asked for accommodation within stone’s throw of inner-city attractions.
But there are occasions where the agency is not liable. If you arrive at the airport to discover you’ve been bumped from your flight, you should turn to the airline for compensation as it’s the responsible party.
Goods or services not as advertised
Q. I booked a package holiday that included flights, accommodation and a tour of the city. But the accommodation was nasty and the tour never eventuated. What can I do?
A. You’re covered by the CGA if your holiday was booked through a local tour company. The Act says goods and services must be up to scratch. You must give the tour company a chance to fix problems with your package holiday. But if the problems can’t be fixed, you should be able to get money back. The amount depends on whether some or none of your holiday was as described.
Note the tour operator isn’t responsible for variations caused by events outside of its control, such as bad weather. But you can still expect suitable alternatives or partial refunds if aspects of your holiday can’t be fulfilled.
Your rights differ if the tour operator is based overseas. In the EU, you’re covered by the Package Travel Directive. If your holiday is cancelled or significantly altered before you leave, you have the option of:
- accepting a superior tour for no extra cost
- accepting an inferior tour with a corresponding discount
- cancelling the trip and receiving a full refund.
For cancellations or changes post-departure, you’re entitled to:
- compensation if the alternative arrangements are inferior
- transport home and compensation (assuming you have good reason to reject any alternative arrangements)
In countries such as Australia and the US, you’ll have to rely on general consumer law like you do here.
Hidden fees and charges
Q. A travel agent was advertising cheap flights and accommodation. When I took up the offer, I was charged an extra $24.95 for booking online. Is this kosher?
A. Not really. The Fair Trading Act (FTA) prohibits misleading representations about price. You should be able to book the trip for the amount advertised. Unfortunately, the travel industry is adept at monetising even the smallest service. According to a 2014 survey by Choice, online bookings top the list of travel woes with hidden fees “far and away” the biggest gripe.
You also need to be aware of any costs associated with altering or cancelling your booking after you've paid. Will you forgo your deposit if you cancel after a certain point? The answer lies in the company’s terms and conditions.
Challenge a company if the conditions or fees for cancelling a booking seem unreasonable. Under the FTA, a company's cancellation terms should be clear and fair.
Q. Will our travel insurance cover our legal liability if we crash our rental car?
A. Travel insurers won’t cover your legal liability if you crash a vehicle into someone or something. You’ll have to rely on the cover offered by the rental car company.
But thanks to your personal travel insurance, you may be able to skip another product offered by the rental companies – the excess waiver.
The excess is the fixed amount the rental company charges if you prang its vehicle. As the excess can run into thousands of dollars, the company will give you the option of reducing it for a fee. You don’t need to pay this fee if it’s already covered by your travel insurance. Of the 36 comprehensive policies in our online database 33 automatically provided some cover for the rental vehicle excess.
You should pack travel insurance when heading abroad, whether you’re renting a car or not. Broadly, it covers your expenses if you’re injured or fall sick, your belongings if they’re lost or damaged, and your bookings if you need to cancel a tour or flight.