Travel services are covered by the Australian Consumer Law consumer guarantees. These are consumer rights when buying goods and services in Australia or through an Australian company.

On this page:

• Buying travel checklist for travellers
• Rental vehicle hire
• Travelling with a disability
• Getting a refund
• Travel businesses
• Short term rental accommodation hosts
• Do you still need help?

Buying travel checklist for travellers 

Travel and accommodation can be expensive. Always check your booking carefully and know your rights if something goes wrong.

Before you book, follow our handy checklist below:

1. Shop around

Compare prices for travel and accommodation. Check locations, read reviews and talk to other travellers. There are websites that compares travel and accommodation options. Doing this research will help you find a great deal..

2. Buy from trusted agents or websites 

Buy your travel from an agent or website you know or who has been recommended. Buying from an Australian business means if they don’t meet the consumer guarantees, they must offer you a solution. A solution can include a repair, replacement, or refund.

In Australia, travel agents do not need a license, but many are part of associations and have industry qualifications or training.

You can check an agents credentials by asking if they:

• are a member of a recognised industry association?
• have any industry qualifications or training?
• are insured if they go out of business before you take your holiday?

3. Check the terms and conditions

Check the terms and conditions (T&Cs) of any agreement or contract. The T&Cs describe your rights are if things go wrong. This includes information about cancellations and refunds.

T&Cs are often included in the fine print on a booking contract or on a webpage.

The T&Cs of third-party agents or websites and the travel provider apply. Make sure you check all the T&Cs from the:.

• Travel agency or booking website
• Airline, train, coach or other transport service
• Accommodation

Check claims like “risk-free” or “100% refund guarantee” in the T&Cs. These offers may come with other risks and problems.

4. Plan your payments

Check when you need to make payments. Some agents may allow you to pay a deposit and then the rest in instalments or closer to the date you leave.

5. Double-check your travel details 

Sometimes consumers can accidentally book the wrong day, or even year.

If you’re worried about cancellations, limit the number of destinations or travel services you use.

Some businesses won’t refund you because you make a mistake or change your mind. Find out more about what your rights are if things go wrong.

6. Check rules for short-term rentals 

Know the rules about staying in short-term rental accommodation.

7. Travel insurance 

Travel insurance can help to cover costs if something goes wrong such as lost or damaged items or cancellations..

The insurance contract (also known as a PDS) will detail the what is covered such as:

• medical expenses
• personal liability (for example, you cause damage to someone else’s property)
• loss of your baggage or travel documents.

Some countries need proof of travel insurance before you can enter.

There are websites that compare different insurance companies. Be aware some of these websites are run by a parent company of one or more of the insurance companies. They will often rate their products higher than a competitors. 

Rental vehicle hire

Under the ACL a rental car must be:

• of acceptable quality and fit for purpose
• accurately described in any promotions and bookings and match any images or samples.
• not taken over by another person during the hire period ie. you must have undisturbed possession.

If your hire car is damaged, check your contract for your responsibilities. If you have travel insurance, see if it covers rental car damage or excess fees. Visit CHOICE on their page Car hire and your rights. 

Rental cars industry guide helps with businesses understanding their obligations under the ACL.

Travelling with a disability

If you are a traveller with a disability, businesses must treat you fairly and provide services that meet your needs.

Check with your travel agent to see if they:

• Need you to have a Fitness to Travel Certificate from your doctor
• Have any mobility aid restrictions eg. size limits or battery containment.
• Companion Cards discounts for carers to travel with you at a reduced rate.
• a Disability Access Facilitation Plan (airlines).

Detailed advice for traveller with a disability is available from:

• Advice for travellers with a disability | Smartraveller
• Travelling with a disability | CHOICE
• Planning for travel with a disability | Civil Aviation Safety Authority (casa.gov.au)

Getting a refund

Getting a refund will depend on whether there is a major or minor problem. The business does not have refund you if you simply changed your mind. See more on Cancelling a service and refunds.

Basically a:

• Minor problem – can be fixed easily.
• Major problem – can’t be fixed easily and the product or service:
  • is unsafe
  • is not what was described or
  • would not have been bought if you knew about the problem.

Compensation

If a problem with your travel causes you to suffer loss or damage, you may have a right to compensation. See more on the compensation page.

Examples of travel problems 

Example of a minor problem

Peter books a weeklong cruise. When he checks into his room, he notices the lights in the room aren’t working. Before demanding a refund on the room, Peter must allow the cruise line to offer a solution. The cruise line repairs the broken lights on the same day and Peter enjoys the rest of his cruise.

Example of a major problem

All travel products and services sold in Australia, are subject to Australian Consumer Law (ACL).

Under the ACL you must NOT:

• engage in misleading, deceptive or unconscionable conduct
• make false or misleading statements about the services you provide or your contract terms and conditions
• in the event of a cancellation, change the terms and conditions in your contract or unfairly penalise a consumer.

If you charge cancellation fees, or any other costs for cancelling, you should tell consumers before they book. This includes explaining what the fees will be, and when they will have to pay them. If the consumer asks, you should provide an itemised breakdown of any fees you charge or retain.

Cancellations

If you or the consumer cancels, you must honour the terms and conditions included in your contract. 

If the consumer is entitled to a refund, you must:

• give them the refund free of charge 
• pay the refund within a reasonable timeframe
• offer the refund, before you can offer any other alternatives, such as credit vouchers
• recover money from any suppliers and refund that money to the customer, if applicable
• communicate with the customer regularly about what you are doing and how long the refund will take.

You might consider being flexible with your terms and conditions if the consumer is experiencing financial hardship, or there are other exceptional circumstances. For example, if the consumer is unlikely to have an opportunity to use a credit voucher, you could choose to offer a refund even when you are not required to.

If you charge cancellation fees, or any other costs for cancelling, you should tell the consumer before they book. This includes explaining what the fees will be, and when they will have to pay them. If the consumer asks, you should provide an itemised breakdown of any fees you charge or retain.

When you don’t have to give a refund 

You can only refuse to give a free replacement or refund if the consumer:

• simply changed thier mind
• contributed to the problem by misusing the product or service
• ignored your advice and asked for a service to be done in a certain
• was unclear about what they wanted
• a problem with a service was completely outside of the business’ control.

Short-term rental accommodation hosts 

If you own a short-term rental accommodation, you have additional rules you must follow. Find out more information about managing short-term rental accommodation.

Do you still need help?

If you can’t find the information you’re looking for, select from one of the options below and get in touch. 

Ask a question

Call us on 1300 30 40 54 or email us any time.

Lodge a complaint

Consumers and businesses should try to resolve the problem together first. If they can’t come to a solution, the consumer can contact us for help on 1300 30 40 54 or make a complaint online.