Bookings, cancellations and refunds

Tours get cancelled. Boats break down, storms close the reef, bushfire danger shuts national parks and buses run late. Sometimes it's you who has to cancel. Knowing your rights, and reading the booking terms before you pay, makes it much easier to sort things out. This guide summarises what the Australian Competition and Consumer Commission (ACCC) says about travel delays and cancellations. It's general information, not legal advice.

Consumer guarantees and tours

Under the Australian Consumer Law, services come with automatic consumer guarantees. The ACCC's travel guidance says these apply to travel services, including tours, within Australia. Among other things, services must be provided with due care and skill, be fit for any purpose you made known, and be supplied within a reasonable time if no time was agreed.

Businesses can't take these guarantees away with their own terms. But the guarantees don't cover everything, and in many common situations the booking terms decide what happens.

When the operator cancels or changes the tour

If the operator cancels, or the tour is significantly different from what you paid for, contact them first. Depending on the problem, the ACCC explains that a remedy for a service failure can include having the problem fixed, a refund or compensation, and that a major failure lets you choose between cancelling for a refund or asking for compensation for the drop in value.

Whether a cancellation is a "failure" depends on the circumstances. A tour that simply doesn't run, with no reason, is very different from one that is rescheduled due to unsafe weather under terms you accepted.

When a third party stops the tour

The ACCC gives a clear example: a four-wheel-drive tour that can't enter a national park because the park authority has closed it due to fire danger. Where a third party outside the operator's control prevents the service, your rights depend largely on the terms and conditions you agreed to. Some operators offer a refund, others a credit or a later date.

This is common in Australia. Parks close for fire danger, flooding and cultural reasons; marine parks and roads close in storms; wildlife tours can't guarantee sightings. Read what the terms say about each of these before you pay.

When you cancel or miss the tour

The ACCC says you're not entitled to a refund or replacement under consumer guarantees if you:

• change your mind;
• miss the tour for reasons unrelated to the service, such as oversleeping or getting stuck in traffic;
• find a cheaper tour elsewhere.

Many operators still offer a refund, credit or date change if you cancel early enough. Check their cancellation window and any fees. If your plans are uncertain, a slightly more expensive tour with flexible terms can be the better choice.

Booking through an agent or platform

Many tours are booked through travel agents, booking websites or apps. The ACCC says that when you book through a third party, both the intermediary's terms and the operator's terms apply. Read both, particularly:

• who handles cancellations and refunds;
• any booking or service fees, and whether they're refundable;
• how long refunds take;
• how changes are made.

Weather cancellations

Weather is the most common reason tours change. Operators have to make safety calls: a boat skipper may cancel a reef trip in strong winds, or a scenic flight may not take off in low cloud. A well-run operator explains their weather policy clearly before you book. Look for:

• who decides whether the tour goes ahead, and when;
• whether you'll be offered a refund, credit or new date;
• whether a tour that runs in poor conditions (such as rough seas or rain) is still considered to have been provided.

A tour that runs in rain or choppy water usually counts as delivered, even if it wasn't the day you hoped for.

Keeping records

If something goes wrong, records help. Keep:

• the booking confirmation and the terms and conditions at the time you booked;
• any emails, messages or notices about changes;
• receipts for extra costs, such as transport or accommodation, if you claim them;
• notes of phone calls, with dates, times and names.

How to raise a problem

1. Contact the business that took your booking. Explain what happened and what outcome you want.
2. Put it in writing if a phone call doesn't resolve it.
3. Allow reasonable time for a response.
4. Contact your state or territory consumer protection agency if you can't resolve it. The ACCC's website links to each agency.

Travel insurance

Travel insurance may cover some losses that consumer law doesn't, such as cancellation because you're unwell, depending on the policy. Moneysmart recommends reading the product disclosure statement (PDS) carefully to understand what's covered and what's excluded. Our guide to travel insurance for tours covers this.

Gift vouchers and pre-paid credit

Tour vouchers and credits are popular gifts and are often offered instead of refunds. Check the expiry date, whether the voucher can be transferred, and whether it can be used on any tour or only certain dates. If an operator offers a credit after cancelling a tour, ask whether a refund is also available and compare the options before accepting.

Before you pay: a checklist

• Is the cancellation window clear, and what fees apply?
• What happens if weather or a park closure stops the tour?
• If you're booking through a platform, whose terms apply to what?
• Have you saved a copy of the terms?
• Does your travel insurance cover cancellation and the activities involved?

Common scenarios

The boat breaks down halfway through the day. If the operator can't deliver the trip you paid for, this is a problem with the service. Talk to the crew and the office, and ask what they're offering. A partial refund, a credit or a free trip on another day are common outcomes, and consumer guarantees may give you rights to a remedy.

The guide was poor or the tour was far shorter than advertised. If the service wasn't provided with due care and skill, or was significantly different from what was described, raise it with the operator promptly and explain what you expected and why.

You're sick on the morning of the tour. Consumer guarantees generally won't help, because the problem isn't with the service. Check the operator's terms, which may allow a date change, and your travel insurance policy.

The tour runs in drizzle and grey skies. Unless the terms say otherwise, a tour that runs in poor weather has usually still been provided. Choosing an operator with a clear weather policy and booking early in your trip gives you more options.

A road closure means a stop is skipped. Operators sometimes need to change itineraries. Check the terms for how changes are handled and whether a significant change gives you a choice to cancel.

Key points

• Consumer guarantees apply to tours within Australia, and businesses can't exclude them.
• You're not entitled to a refund for a change of mind or missing the tour for your own reasons.
• When a third party prevents a tour, the booking terms largely decide the outcome.
• Read both the operator's and any agent's terms, and keep records.
• Contact the business first, then your state or territory consumer agency if needed.