Qantas passenger's 18-month ordeal sparks calls for major travel change
Michael's battle for a $2,700 refund began in May 2022 when he boarded a flight from Brisbane to Sydney before heading to Europe. It shows why change is needed.
A Qantas passenger's dogged 18-month battle for compensation after his lost luggage went on a world tour has detailed the immense effort it took to receive appropriate compensation. And his story highlights a key area where Australian travellers are being left behind, industry insiders tell Yahoo, as calls mount for a big change to the aviation sector.
Michael Pascale’s ordeal began in May 2022 when he boarded a flight from Brisbane to Sydney. He then flew with Sri Lankan Airlines to Paris for a wedding, however his bag never appeared on the carousel. “It was that situation of just watching it go round and round… and then it never shows up,” he told The ABC.
Despite countless calls and emails, Pascale’s suitcase made its way to Dubai and the UK before being sent back to Brisbane as its owner enjoyed time with family in the US. By then he had given up hope of being reunited with his belongings during his holiday and purchased new clothes and items — but vowed to fight for a refund.
Qantas told Pascale it wasn't their problem because Sri Lankan Airlines had the bag last, the ABC reported. Sri Lankan Airlines offered him $150, but he pursued them for full compensation.
“I wanted my money… but also I didn’t want them to just walk all over me,” Pascale said.
“There were many times when I said, ‘Why am I continuing to do this?’ Just because it was a lot of effort. I had to go read all this stuff and send countless emails. And the tribunal processes are not simple, but it just became a pride thing at some point.
“I refused to let them win. To say it was an obsession is probably not too far from the truth.”
Calls to introduce independent airline ombudsman
Pascale’s 18-month chase with Sri Lankan Airlines for $2,717 in compensation — which was ultimately successful — is a prime example of why consumer advocates want further protections for travellers, including easier avenues to file complaints and seek refunds. It's an area where expert argue Australia is being left behind.
Introducing an independent airline ombudsman would do just that, Rosie Thomas, a spokesperson for consumer advocacy group CHOICE told the national broadcaster. The federal government is set to release an Aviation White Paper in the coming weeks, with others pushing for the introduction of such an industry ombudsman to mediate customer complaints.
“This should be fair, accessible, free and follow all of the principles that similar ombudsman schemes in other sectors like telecommunications and financial services use,” she said, describing the current process as “inadequate”.
"Each airline will have different rules and requirements that define what you're entitled to when things don't go to plan," she added.
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Australia 'very far behind' when it comes to passenger rights
Victoria Roy, a spokesperson for the Australian Lawyers Alliance (ALA), says Australia is “very far behind” when it comes to passenger’s rights and has “no single framework”, ultimately forcing consumers to head to court to get their money back — just like Pascale.
When approached by Yahoo News Australia, Roy said the ALA believes the “creation of a specific regulator or ombudsman will entitle consumers to access justice to enforce their rights without the cost and complexity of litigation or the involvement of lawyers”.
As of now, travellers who are not happy with a response to a complaint can report it to the airline-funded Aviation Consumer Advocate (ACA).
However, “consumers must go through an airline’s internal complaints process before they can access it” and it “cannot make binding decisions in cases”, the ALA said. The process often leads to complaint fatigue with many consumers simply giving up.
The ACCC also does not resolve individual complaints about delayed or cancelled travel services.
“An independent regulator or ombudsman should therefore be created to make binding decisions on air passenger consumer complaints including compensation claims where a resolution is not possible between the consumer and airline,” the ALA argues.
The Aviation White Paper, which will outline Australian aviation policies up until 2050, is expected to be released in the coming weeks.
“The Government is seeking outcomes that deliver a more competitive aviation sector, while at the same time securing Australian jobs. We are also looking at stronger consumer protections, improvements to complaint handling processes and improve accessibility for consumers living with disability,” Transport Minister Catherine King said in a press release last year.
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