What should I do if I am denied boarding in Australia?
If denied boarding in Australia, you have rights under the Australian Consumer Law (ACL). Airlines must provide remedies like a refund, rebooking, or compensation if the denial is due to their fault, such as overbooking, and not your own actions.
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How it works in practice
Your Rights Under Australian Consumer Law
If you are denied boarding by an airline in Australia, your rights are primarily protected under the Australian Consumer Law (ACL). The ACL states that services must be provided with due care and skill, be fit for purpose, and be delivered within a reasonable time. When an airline denies you boarding due to its own fault (e.g., overbooking, mechanical issues), they may have breached these consumer guarantees.
Valid Reasons for Denied Boarding
However, airlines can legitimately deny boarding for specific reasons that are not their fault. These include failing to have valid travel documents, arriving late for check-in or boarding, being intoxicated or disruptive, or posing a health or safety risk. In such cases, your rights to a remedy are significantly reduced.
Airline's Obligations
If the denial is the airline's fault, they are typically obligated to offer a remedy. This could include rebooking you on the next available flight, providing a full refund, or offering compensation for reasonable out-of-pocket expenses such as meals or accommodation, depending on the severity and impact of the denied boarding. It's crucial to understand the reason for the denial and your ticket's terms and conditions.
Important exceptions
Airlines can legitimately deny boarding if you fail to meet specific conditions, such as: lack of valid travel documents, arriving late for check-in or boarding, being unruly or intoxicated, or posing a health/safety risk. If the denial is due to your actions or omissions, your right to a remedy is limited. Additionally, while Australia has consumer protection, it lacks specific cash compensation laws for denied boarding unlike some other regions.
What you should do now
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Immediately ask the airline staff for the specific reason you are being denied boarding and request written confirmation.
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Review your ticket's terms and conditions and the airline's conditions of carriage to understand your entitlements.
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Request a suitable remedy from the airline, such as rebooking on the next available flight, a full refund, or compensation for expenses.
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Document everything, including names of staff, times, specific reasons given, and any out-of-pocket expenses incurred.
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If unsatisfied with the airline's response, lodge a formal complaint with the airline, then escalate to the Australian Competition and Consumer Commission (ACCC) or the Airline Customer Advocate.
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