Flights, cancellations and delays

Before buying an airline ticket, make sure you understand the terms and conditions that apply to cancelling or changing your flight.

Before you buy

Before buying an airline ticket, make sure you understand the terms and conditions that apply to cancelling or changing your flight.

When buying tickets:

buy from a reputable travel agent, travel site or airline
consider paying by credit or debit card when buying tickets online – if you have a problem, eg the tickets don't arrive, you can ask your bank to reverse the payment (called a chargeback)
keep conversation records so if anything goes wrong, you have proof of what was said and agreed to
consider travel insurance, which may cover you for things outside the airline's control – for example flights are cancelled due to bad weather.

Your rights

Travel agents and airlines must comply with the service guarantees in the Consumer Guarantees Act (CGA) and Fair Trading Act. This means:

they must be competent and professional
their services must be fit for your particular purpose. For example, have wheelchair facilities if you have asked for them or you tell the travel agent that you are travelling because you want to go to a particular event, the flights they book need to be such that you can get to the event on time.

A flight ticket is a contract between you and the airline. Before you buy it, the airline must clearly display, or tell you, the ticket's terms and conditions.

They cannot:

rely on terms and conditions – sometimes called 'conditions of carriage' – printed only on the ticket, unless you were given a reasonable chance to read them before you bought it
avoid compensating you for cancelled or delayed flights that were their fault, even if their terms and conditions say they can.

Your rights when flying internationally depend on:

where you are travelling from
where you are travelling to
the rules of the country the airline is based in.

Check your rights

Find out if you're entitled to a refund and how to claim compensation for losses and extra costs. Use our Flights consumer rights finder

Essential things to check and organise before booking a flight

Whether you book directly with an airline, or book through a third party, you should always read the terms and conditions of the ticket before you pay for it.

1. Check the terms and conditions

Always check the fare terms and conditions before booking flights.

These will tell you:

if and how you can change or cancel your booking
whether you can get a refund or a credit if you cancel (usually only if you book a refundable or flexible flight)
what services will be provided – for example, a meal or movies.

2. Decide on insurance

If you're travelling within New Zealand, you don't need to have travel insurance – but if you choose it, domestic travel insurance may cover the costs if you have to cancel or change your flights due to unexpected circumstances, or if the airline cancels flights due to reasons outside its control.

Travel insurance

If you're travelling overseas, you need travel insurance. Most comprehensive policies cover non-refundable travel and accommodation costs if something happens (like an illness or accident) that means you need to cancel or cut your trip short.

Your policy may also provide cover for alternative transport or extra costs if you suffer an unavoidable delay – for example a cancelled flight or missed connection.

It's best to buy travel insurance as soon as you make your first booking – this ensures you're covered if you need to change or cancel any of your plans before your departure date.

Travel insurance – international

Flight delayed, cancelled or bumped

If a flight is delayed or cancelled, the right to refund depends on whether it was the airline’s fault or not and whether you’re flying domestically or internationally.

Domestic flights here in New Zealand

What to expect if it was the airline’s fault

You're entitled to a refund (unless you accept another remedy, like rebooking)

If a flight is cancelled or delayed, and it was the airline’s fault, you are entitled to reasonable compensation for any additional loss you suffered. This is on top of any refund, rebooking or credit. You are also entitled to whatever terms and conditions provide for.

It may be their fault if:

the flight is overbooked so you can't get on — called being 'bumped'
there are mechanical issues
there aren't enough staff to service the flight.

How much you get depends on how much you've been inconvenienced – for example, you may have had to pay for extra meals, taxi fares or accommodation because of the delay – up to a maximum of 10 times the cost of your flight. Keep a record of any extra costs as proof.

Example — Bumped flight

Margaret books a seat on a flight from Christchurch to Wellington to go for a weekend away. She has tickets to see a musical that night. When she arrives at the airport she is told the flight is full and they have bumped her onto a flight the next day. She doesn't need to pay for the new flight but has to catch a taxi home, and will miss the musical. She doesn't think this sounds fair. Before arriving at the airport the next morning, she reads her rights and collects together the receipts from the taxi and the musical. The airline agrees to give her a full refund for her taxi and concert tickets.

What to expect if it wasn’t the airline’s fault

The airline does not have to compensate you if the cancellation or delay could not have been avoided, for example if there's extreme weather and air traffic control says the plane can't take off.

You may be entitled to a refund, credit or other remedy set out in the terms and conditions. It always pays to ask for a credit or to be rebooked on a later flight, sometimes an airline will give a refund anyway.

If a flight is cancelled due to mandatory government shutdown airlines are not responsible for providing a resolution or alternate plan for continuation of your journey. However, airlines operating within New Zealand will need to give you a refund unless their terms and conditions expressly provide that you are not entitled to one. This will vary from airline to airline so it is important to refer to your booking terms and conditions.

If the airline offers you less than you think you're entitled to, let them know. Provide evidence of your losses, for example extra costs, lost income, and ask them to reconsider. If you still can't agree, your next step is taking your case to the Disputes Tribunal.

What the tribunal can help with(external link) — Disputes Tribunal

International flights

What to expect if your flight is cancelled or delayed in Europe and the United Kingdom

If you are flying from a city in the United Kingdom or the European Union on any airline and your flight is cancelled or delayed by more than 2 hours, you may be entitled to:

drinks, meals and accommodation, depending on how long you are delayed for
a refund or another flight
compensation – the amount depends on how far you were due to travel.

If you are travelling to Europe or the UK on an airline that's based in Europe or the UK, the same rules apply.

You will not be entitled to compensation if the issue was caused by exceptional circumstances like a volcanic eruption, flooding or earthquakes, or if the airline told you about the change more than 2 weeks before you were due to travel.

Airplane passengers: your rights to compensation(external link) — European Consumer Center

Delays and cancellations(external link) — UK Civil Aviation Authority

What to expect if your flight is cancelled or delayed in the USA

If you are flying to, from or within the USA and your flight is significantly delayed or cancelled, you are entitled to a refund of the flight costs. US law does not provide for compensation, except for certain passengers who are ’bumped‘ from a flight that is oversold. However, international flights to and from the US are still covered by the Montreal Convention.

Flight delays(external link) — US Department of Transportation

Changing your bookings

Bookings made through a travel agent

If you book through a travel agent, tour company or a third party booking website you should contact them if there is an issue with the way your flights have been booked – for example if there is not enough time between your connecting flights.

Flight cancellations, refunds and credits are usually dealt with through the travel agent.

Under the Consumer Guarantees Act, they must carry out the service they offer with reasonable care and skill.

If you want to cancel or change your flight – domestic flights

Here in New Zealand, if you need to cancel a flight, you'll normally only be entitled to a refund if you paid for a refundable fare. Some booking sites provide additional cancellation rights.

Any refund should include the optional extras you bought when you booked your flight.

If you can't get a refund, you could:

change your flight to another date – you may have to pay extra to do this
ask for a credit to use on a flight at another time.

If you want to cancel or change your flights – international flights

If you need to change or cancel your flight, you should do this directly with the airline or through your travel agent or booking website.

You may have to pay to make changes, depending on the type of ticket you booked. You are not entitled to a refund for a cancelled ticket unless the terms and conditions say you are.

Bookings made direct with airlines

If you booked direct and there is an issue with the airline, for example you are bumped from your flight or your luggage is lost or damaged, you should deal with the airline directly.

Lost or damaged luggage refunds

Hand luggage: you are responsible for luggage you keep with you during a trip. However, the carrier must compensate you if hand luggage is lost or damaged through their carelessness.

Checked in luggage: the airline is responsible for luggage while it is checked in.

Compensation for lost or damaged luggage – domestic

For domestic flights, the Contract and Commercial Law Act (CCLA) sets out your rights for lost or damaged luggage. Under the CCLA:

the airline is liable for loss or damage to your bags up to $2,000 per bag unless the damage is caused by the bag’s contents or fault of construction.
you have 30 days to make a claim, but the airline can give you less time than this in their terms and conditions.

If you have problems getting compensation from the airline, speak to your insurer. If you have it, you may be able to claim on travel insurance. Also check your home and contents policy to see if items are covered.

Compensation for lost or damaged luggage – international

Lost or damaged luggage is generally covered by the Montreal Convention. The maximum amount you can claim under the convention is around $2700.

Your travel insurance should also include cover for lost or damaged luggage. Depending on the policy taken out there will be limits on not only the sum insured but limits on individual items unless these have been declared at the time the policy is taken out. For example, if you are taking some expensive jewellery you should declare that to the insurance company.

If your luggage is delayed, the airline may need to cover the cost of essential items until it's recovered – for example, a toothbrush and clean underwear.

Steps to take if things go wrong

If you have problems with your airline ticket or flight, for example you've been moved from the flight you booked, your flight is cancelled or severely delayed, you can make a complaint or make a claim.

Make a complaint

Contact the travel agent/airline – explain the issue and tell them what you would like done about it.
Claim on insurance – If the problem is not the airline's fault, eg your plane is cancelled because of bad weather.
Apply for a Chargeback – If the travel agent/airline refuses to help, your bank or credit card company may be able to reverse charges to your card.
Take it further – You can take formal disputes to the Disputes Tribunal and/or report the business to Commerce Commission.
Get more help – Citizens Advice Bureau can advise and support you at any point.

Before you complain

Know what the business must do – read Your rights above.
Check the terms and conditions of your ticket – this will help you understand what you can expect – for example you may not be able to change your travel date without being charged.
Gather proof – for example emails between you and the travel agent or airline, bank statements, details of conversations and dates.
Decide your ideal outcome – for example an apology, travel vouchers, money back.
Think about what you will say – for example what you are unhappy about and what you would like the business to do.

When you complain

Stick to the facts – explain the problem in detail and provide any evidence you may have in the form of receipts for expenses incurred.
Be clear it is a complaint – use the word 'complaint' in your phone call, instant message or email.
Tell them what you want – be clear what will fix your concern.
Take time out, if needed – if the conversation is getting heated or you need time to consider their response, arrange a time to call, email or message back. Explain you need time to think about the conversation.

How to complain

Make a claim

Claim on insurance

Travel insurance may cover expenses when it is not the airline's fault, for example if you miss your flight, or if bad weather means the flight is cancelled or delayed. Check your travel policy to see what it covers.

If you're travelling within New Zealand you may be covered by your normal contents insurance – check your policy to find out more.

Apply for a chargeback

Your bank or credit card company may reverse credit or debit card charges in certain situations – called a chargeback. Do this if you've paid a travel agent, or overseas airline, for a flight they haven't then booked or are owed refund on a cancelled flight that has not been provided. Chargebacks are only available for a short time after you made the transaction – usually about 30 days. Ask your bank what their time limit is and how to apply .

Chargebacks(external link) — Banking Ombudsman

Take your complaint further

If you aren't getting anywhere with the travel agent or airline, going to the Disputes Tribunal may be your next step. If you're disputing more than $30,000, you will need to go through the District Court. In this case, talk to Community Law Centre or a lawyer first.

Bear in mind, if the travel agent/airline is overseas it may be harder to enforce any formal decision.

What the tribunal can help with(external link) — Disputes Tribunal

You can report the business to the Commerce Commission if:

you think you have been misled
the business has said something that is not true.

Commerce Commission can't investigate every complaint, or solve your individual problem. But they can warn or prosecute the business. Your information helps them assess which consumer issues are causing the greatest harm.

Make a complaint(external link) — Commerce Commission

More help

Get support from:

Citizens Advice Bureau (CAB) – a free, independent service, run by volunteers. CAB can advise you on your consumer rights and obligations, in person, by phone, or online.
Community Law Centre – offers free one-on-one legal advice to people with limited finances. The organisation has 24 community law centres throughout the country. You can find legal information and other resources on its website.

Find a CAB(external link) — Citizens Advice Bureau

Our law centres(external link) — Community Law Centres