New aviation industry ombudsman & customer rights charter in Australia

Or perhaps the law should require ‘rerouting at the earliest opportunity’, even if that is on another airline?
This is actually the best part of the EU regulation, though it's often overshadowed by compensation. The airline is responsible to get you to your final destination and must cover any expenses such as flights on another airline. They must also cover all your meal and accommodation costs until they get you there.

EU261 delay compensation does not apply until 3 hrs. So a 2:59hr (arrival) delay has no compensation.
And nothing for extraordinary delay (like ATC as happens at SYD more than it should = AU fed govt control/problem)
Correct, EU compensation payments aren't provided for delays caused by extraordinary circumstances, but the 'duty of care' provisions and expense reimbursements (meals, accommodation, alternative transport) apply to all delays and cancellations regardless of the cause.

Everybody gets distracted and obsessed by the compensation payments and misses the bigger picture.
 
An interesting comment in the ABC (Australia) news on-line this morning regarding the BA mayday incident as SYD airport:

A British Airways spokesman said passengers were entitled to apply for compensation due to the delays, under the airline's legal obligations.

Not only are BA acknowledging compensation is available, and advising the passengers, they also rebooked most passengers on other carriers, the same day, to ensure they were delayed for the minimum amount of time. This is the compensation system and delay obligations working as intended by UK261. What will Aust get under the proposed new regime ?

If it was QF they would have delayed everyone, probably for 24 hours, and started the PR machine rolling to deny any compensation as per their T's and C's.
 
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I'm so confused as to whether the new proposal out for consultation actually includes the ability to get rebooked onto another carrier at no cost to the consumer.

The paper out for consultation says:
The proposed Charter standards recognise that in the event of an unreasonable delay or cancellation, the

consumer should have flexibility and choice in deciding what the best option may be to reach their intended

destination. Consequently, in addition to requesting a full refund or a travel credit voucher, a consumer may

also opt to be rebooked on another flight to the same original final destination at no further cost to them,

even if this requires the airline to rebook the consumer on another airline.

And this seems to be the proposed assistance on offer:

1757384760438.png

But it doesn't make it explicit in the table which scenarios where rebooking includes another carrier.
 
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How to take something so simple and make it so hard!!

Looking at the consultation document, it actually appear to ERODE current passenger rights.

It’s saying a full refund will only be mandated for cancelled or ‘unreasonably delayed’ flights… ie those more than 3 hours. At the moment ACL provides that if a flight is o longer fit for purpose, as full refund can be given. That could mean less than 3 hours, depending on the circumstances.

Re-routing… under the proposals it just has to be within 24 hours for domestic travel or 48 hours for international. That would likely override current IRROPS arrangements where airlines will get you on your way as quickly as possible.

QF JQ and others currently say they will get you on their next available flight. Now… no need to worry about that… can be 48 hours away!

It is unbelievable how complex and tangled someone has managed to make these compensation guidelines.
 
A British Airways spokesman said passengers were entitled to apply for compensation due to the delays, under the airline's legal obligations.

Not only are BA acknowledging compensation is available, and advising the passengers, they also rebooked most passengers on other carriers, the same day, to ensure they were delayed for the minimum amount of time. This is the compensation system and delay obligations working as intended by UK261. What will Aust get under the proposed new regime ?


Although under UK261 not every passenger on that aircraft is entitled to compensation. Those only travelling as far as SIN would not be covered by UK261 rights. If Australia had equivalent regulations - they would be.
 
When you try to CODIFY specified events within timeframes you end up with a raft of business rules..


And there lies the conundrum
The 6am flight gets delayed, on a high volume route, there’s another flight at 6.30
Compared to Daily flights or locations like Griffith, Wagga, Emerald or say Somewhere up the Pilbara/NT

Or Last flight of the Night (into/out of curfew restricted cities) when the next flights not til the next morning
(I’ve Been caught in a Sydney hailstorm when everything grinds to a halt and they can’t catch up so by 8.55pm there’s PAX left in Sydney in need of re-booking, and some need accommodation & transport - when it’s happened responsiveness was decent)
I’ve been caught circling Canberra skies and diverted to Sydney/Melbourne - that’s entirely another mess to handle although the fog landing systems are infinitely better these days so less occurrences

The second column is more meaningful
 
I posted in another thread on FF programs, but it’s probably more relevant here: Australian airlines fare poorly in global ranking of frequent flyer programs

The first post in that thread links to an article where a United flight was cancelled, leaving a mother and daughter ‘stranded’. Neither Velocity nor UA would assist (VA as the issuer, UA as the carrier).

Apparently there were hours of phone calls, and because they had pre-booked accommodation in Rome, they forked out $5000 cash to get there on another airline.

This highlights why communication is perhaps more important than compensation.

A compensation scheme wouldn’t have covered the new $5000 airfares, but proper advice on who to turn to and who was responsible would have resolved the issue. United’s contract of carriage should have been the first stop… they will uplift you on the next service.

Also the communication needs to advise pax to contact their insurance company, and look at avenues such as the Montreal Convention.
 
This highlights why communication is perhaps more important than compensation
It highlights why the duty of care provisions in EU261 are more important than the “compensation” part that everyone focuses on.

If United were an EU or UK carrier that had to abide by EU261, then they would be legally responsible to get those stranded passengers to their destination (on the same day if possible) and at no additional cost to the passengers. In the above scenario if United refused or was unable to rebook them, then the stranded customers could have sent that $5000 bill for new airfares to United who would legally have to reimburse it.
 
Anyone expecting the result of this process to be anything other than an optical illusion / Canberra PR-stunt is going to be sorely disappointed.
Agreed
It is opaque and unhelpful
….clearly the intent was not to provide anything like the critical features of the EU/UK model - communication, rerouting (+\- accom/food) and compensation driven.
Probably drafted from a leather chair in CL with a raft of QF minions over the shoulder adding corrections and topping up the champers
 
'The Age'/'SMH' are reporting that Federal Labor Minister for Transport, Catherine King, says Australia is "too small" for an EC261/UK261 style compensation scheme for delayed or cancelled flights.

She says the Consumer Aviation Ombudsman would "still be effective" despite its inability to force airlines to pay up when things go awry.

There will be some sort of (effectively toothless) aviation consumer protection authority with a separate consumer (i.e. traveller) consumer Ombudsman scheme to handle individual complaints.

She claims fares would rise if the government introduced a compensation scheme, and says that unlike Australia, Europe is able to spread the cost of compensation because it has so many airlines operating, much bigger airports and a far bigger (overall) population.

But these are red herrings.

Population size is irrelevant. Airlines tailor their offerings to (hopefully) match demand and are price makers, not price takers, because the distances in Australia and the complete lack on the lower east coast of any meaningful competition (such as high speed rail) means the airline duopoly can charge what the market will bear.

Do the airlines operate as altruists when there's a major concert/cricket match/AFL/NRL/Australian Open/school holidays/Easter/Christmas? We all know the answer.

The airline duopoly of QFd/VAd is making good profits,. It isn't travellers' fault that VA previously went broke or that Alan Joyce refused to invest in sufficient new aircraft such that both, especially QF, are now playing catch-up.

Fares are arguably very high: ask any business traveller who doesn't know his or her schedule much in advance and so must book close to the intended day of travel.

Australia is 'big enough' for railways to have compensation schemes, such as introduced years ago in Melbourne for what's now Metro (trains) and V/Line, as well as Yarra Trams and contracted bus operators. Why should the airlines be any different?

Australia is 'big enough' to have compensation schemes for consumers using telcos and electricity and gas retailers. Again, why should the duopoly airlines be exempt?

This forthcoming decision by the Federal Government is evidence as to why all politicians should be barred from accepting Qantas and Virgin Oz Chairman's Lounge and the equivalent access. Of course, pigs might fly. We all know they love being away from the general public and will cite 'personal security' as one justification even though all of us are searched before entering 'sterile' major airport areas.

This is corruption, because it's hard to discount these cushy arrangements that arguably influence decision making.

Interestingly, 'The Age' implies international airlines may be a part of this rubbery yet to be finalised scheme. I don't know what that means in practice.
 
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