Should the everyday traveller have to bear the costs of a global pandemic?

All of us have been impacted in one way or another by the COVID-19 pandemic. Those who love to travel have been faced with a long period of uncertainty regarding travel plans and difficulty cancelling or postponing same.

A number of unfair contract terms in common travel providers’ terms and conditions have been revealed by the global pandemic and the ensuing widespread travel restrictions.

For example, many terms and conditions allow for the travel provider to cancel and fail to provide the services without any penalties. Meanwhile the same terms and conditions penalise consumers with cancellation fees or forfeiting part of their deposit if they cancel for any reason, including a global pandemic and border restrictions outside of their control.

Additionally, we have heard from consumers regarding other unfair practices by travel providers in these difficult times such as travel agents failing to pass on full refunds offered to consumers by airlines.

It is likely that such unfair contract terms and practices are unenforceable under Australian Consumer Law and your travel provider may have no justification for same.

The Australian Competition and Consumer Commission has encouraged all businesses to treat consumers compassionately and fairly in these extraordinary times and this includes travel providers.

If you require any assistance considering your options in relation to cancelling or varying any travel plans, please contact Alexandra Vrdoljak today to discuss your claim