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Holiday budgeting tips for over-60s: Expert advice for a stress-free season

<div> <p>The festive season is a time for joy, but it can sometimes also bring a little extra financial stress. With the rising cost of essentials, many Aussies in retirement might be feeling the pinch. And it’s not your imagination – recent <a title="https://protect.checkpoint.com/v2/___https:/nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.superannuation.asn.au%2Fmedia-release%2Frising-insurance-premiums-add-strain-to-retirees-finances-says-super-peak-body%2F*23%3A~%3Atext%3DThe%2520latest%2520figures%2520from%2520ASFA%2Cover%2520the%2520last%252012%2520months.&amp;data=05%7C02%7Cdardisa%40we-worldwide.com%7C3306a1dfb9de4e30dd3b08dcfecff5e5%7C3ed60ab455674971a5341a5f0f7cc7f5%7C0%7C0%7C638665416381860501%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&amp;sdata=3ePPI8b1SEXOATgcY6vYWJRi8gBzZHv0jM1dgqkIoUI%3D&amp;reserved=0___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6YjM1NDo4YTdiNGQ5MTcwZjBhYzgwNzI4ZDVmYTlhNTA0OWVhYThkZTU0NWJhN2FhZDgzZGQ2MGQ1ZjZiYWU5MTc3MGI1OnA6VDpG" href="https://protect.checkpoint.com/v2/___https:/nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.superannuation.asn.au%2Fmedia-release%2Frising-insurance-premiums-add-strain-to-retirees-finances-says-super-peak-body%2F*23%3A~%3Atext%3DThe%2520latest%2520figures%2520from%2520ASFA%2Cover%2520the%2520last%252012%2520months.&amp;data=05%7C02%7Cdardisa%40we-worldwide.com%7C3306a1dfb9de4e30dd3b08dcfecff5e5%7C3ed60ab455674971a5341a5f0f7cc7f5%7C0%7C0%7C638665416381860501%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&amp;sdata=3ePPI8b1SEXOATgcY6vYWJRi8gBzZHv0jM1dgqkIoUI%3D&amp;reserved=0___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6YjM1NDo4YTdiNGQ5MTcwZjBhYzgwNzI4ZDVmYTlhNTA0OWVhYThkZTU0NWJhN2FhZDgzZGQ2MGQ1ZjZiYWU5MTc3MGI1OnA6VDpG" data-auth="Verified" data-outlook-id="1a0a0a08-2e36-4601-a0a3-f9c8bb379afe">data</a> from the Association of Superannuation Funds of Australia (ASFA) reveals that the cost of maintaining a comfortable retirement has increased by 3.7% in the last year. For those in retirement, managing holiday spending can help ensure a stress-free festive season. </p> </div> <div> <p>Toby Perkins, a Certified Financial Planner® at industry superfund NGS Super, shares his helpful tips to ensure retirees manage their budgets during the holidays.</p> </div> <p><strong>1. Avoid personal debt</strong></p> <div> <p>Credit cards and overdrafts may seem like quick solutions, but they often lead to high-interest debt. "If you need extra funds for the festive season, it might be worth considering options like your superannuation income stream instead," advises Toby. Avoiding extra debt may help you to maintain your financial stability in the long run and help set you up for a stress-free Christmas next year. </p> </div> <p><strong>2. Plan ahead: Budget for the entire year</strong></p> <div> <p>Although it may be too late to adjust your budget for this holiday season, now is a good time to start planning for next Christmas. "Incorporating holiday spending into an annual budget can prevent financial strain in December," Toby suggests. By tracking your expenses throughout the year, you can identify potential savings and plan for any extra costs, such as gifts and travel.</p> </div> <p><strong>3. Review government entitlements</strong></p> <div> <p>It’s important for you to ensure you are receiving the correct government entitlements. "If you’re receiving the Age Pension, make sure all your details are up to date," Toby advises. Even if you're not eligible for the Age Pension, you may qualify for the Commonwealth Seniors Health Card or state-based Seniors Cards, which can help reduce costs on health care, transport, and other services. For more information, visit <a title="https://protect.checkpoint.com/v2/___https:/www.servicesaustralia.gov.au/most-useful-information-for-retirement-years___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6Y2YwMTo3YWJkZWYyYTY5NjAwZTQ5YjczNWQwMGY2ZjZmN2RhNzY5MzJjYWJkMmYyNWM5ZTkzODg4NTJlZDc3MmIwZGI1OnA6VDpG" href="https://protect.checkpoint.com/v2/___https:/www.servicesaustralia.gov.au/most-useful-information-for-retirement-years___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6Y2YwMTo3YWJkZWYyYTY5NjAwZTQ5YjczNWQwMGY2ZjZmN2RhNzY5MzJjYWJkMmYyNWM5ZTkzODg4NTJlZDc3MmIwZGI1OnA6VDpG" data-auth="Verified" data-outlook-id="0b03c4dc-e32a-4f0f-adaf-6d20058cd703">the Services Australia website.</a></p> </div> <p><strong>4. Stay vigilant about financial security</strong></p> <div> <p>There are two reasons to closely track your spending throughout the holiday season: 1. To ensure you stay within budget, and 2. To ensure you don't fall victim to financial scams. The holiday season can be a prime time for financial scams, so be cautious when making purchases online.</p> </div> <p><strong>5. Prepare for post-holiday financial health</strong></p> <div> <p>After the holidays, plan to set aside some money for future expenses or to replenish your savings. A bit of post-holiday planning will help you avoid financial stress in the months ahead - and even get you set up for next Christmas.</p> </div> <p><strong>6. Travel smart: Plan off-peak</strong></p> <div> <p>Travel can be one of the biggest holiday expenses, especially if it coincides with peak Christmas and school holiday periods. Toby recommends traveling outside of these busy times to save money. "Off-peak travel can significantly reduce costs and make your holiday dollar stretch further," he says. Consider planning trips in advance to secure better deals.</p> </div> <div> <p>Planning ahead, managing debt, and reviewing entitlements can help you enjoy the festive season without financial stress. As Toby puts it, "Smart budgeting today helps ensure a more comfortable retirement tomorrow."</p> </div> <div> <p><em><strong>For those seeking personalised advice, NGS Super’s team of financial planners is here to help guide you to a secure and joyful future. Read the <a title="https://protect.checkpoint.com/v2/r01/___https://protect.checkpoint.com/v2/___https:/www.ngssuper.com.au/files/documents/financial-services-guide.pdf___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6MDk5ZToxNWJlNDQ0ODUwMWZmYzczYmUzZDY5N2NkNWFmY2M4ZTM0M2I5ZDQyNTI5ZGIwNjdjMDUxZDViY2E1YWRmYWFhOnA6VDpGHYPERLINK___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmM0OTdjMzdkZjcxOGIxNDQxYjdiMzQxMzA0NTcyMzc4Ojc6ZDgzMDowMTA3N2IxNTZmN2JhZDAzOTM5MDc4ODZjM2Y4NTUzYTkwNWE4ZDAxYmJhMmIxMTc0OWZjNjhmNmM5ODNlNzYyOmg6VDpG" href="https://protect.checkpoint.com/v2/r01/___https://protect.checkpoint.com/v2/___https:/www.ngssuper.com.au/files/documents/financial-services-guide.pdf___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6MDk5ZToxNWJlNDQ0ODUwMWZmYzczYmUzZDY5N2NkNWFmY2M4ZTM0M2I5ZDQyNTI5ZGIwNjdjMDUxZDViY2E1YWRmYWFhOnA6VDpGHYPERLINK___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmM0OTdjMzdkZjcxOGIxNDQxYjdiMzQxMzA0NTcyMzc4Ojc6ZDgzMDowMTA3N2IxNTZmN2JhZDAzOTM5MDc4ODZjM2Y4NTUzYTkwNWE4ZDAxYmJhMmIxMTc0OWZjNjhmNmM5ODNlNzYyOmg6VDpG" data-auth="Verified" data-outlook-id="c4bb4623-ec0a-4e3a-a747-7bf0d2f5659b">NGS Financial Planning Financial Services Guide</a>.</strong></em></p> </div> <div> <p><em><strong>For further information, visit NGS Super’s <a title="https://protect.checkpoint.com/v2/___https:/www.ngssuper.com.au/articles/news/whats-foro-what-can-you-do-about-it___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6YzlhNDphZGM4Y2Q1YTFlZmQyNjExMGQ4ZDJmYWM3Y2IyOWMxM2FiNjE2MDMwMDc3YjA5ODE5OTY0NjQyYmZkNWE2NGM1OnA6VDpG" href="https://protect.checkpoint.com/v2/___https:/www.ngssuper.com.au/articles/news/whats-foro-what-can-you-do-about-it___.YzJ1OndlY29tbXVuaWNhdGlvbnM6YzpvOmMyMDk4YTI2ZGE5OWUzY2FhZWQ2Nzc5ZTg1YWM0OGJiOjY6YzlhNDphZGM4Y2Q1YTFlZmQyNjExMGQ4ZDJmYWM3Y2IyOWMxM2FiNjE2MDMwMDc3YjA5ODE5OTY0NjQyYmZkNWE2NGM1OnA6VDpG" data-auth="Verified" data-outlook-id="7c65864b-3f33-43bc-9037-cc1e7ca1acc0">website</a>.</strong></em></p> </div> <div> <p><em><strong>Toby Perkins is authorised to provide financial advice in Australia and is an Authorised Representative (Number 1002908) of Guideway Financial Services Pty Ltd, AFSL Number 420367. Any advice given in this article is general and does not consider your financial situation, needs or objectives so consider whether it is appropriate for you. Be sure to read the relevant PDS and TMD </strong><strong>before deciding whether a financial product is right for you.</strong></em></p> <p><em><strong>Image credits: Shutterstock  </strong></em></p> </div> <div> <p> </p> </div>

Travel Tips

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Airlines cancel flights after volcanic eruptions. An aviation expert explains why that’s a good thing

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/patrick-murray-2027113">Patrick Murray</a>, <a href="https://theconversation.com/institutions/university-of-southern-queensland-1069">University of Southern Queensland</a></em></p> <p>At least three airlines <a href="https://www.abc.net.au/news/2024-11-13/flights-to-and-from-bali-cancelled-due-to-volcanic-ash/104593698">cancelled flights between Australia and Bali</a> this week after a volcano eruption in eastern Indonesia spewed a vast plume of volcanic ash into the air.</p> <p>But while would-be holiday makers are naturally <a href="https://7news.com.au/sunrise/volcanic-eruption-in-indonesia-forces-airlines-to-cancel-flights-to-bali-stranding-frustrated-passengers-c-16732486">upset</a> at having their plans disrupted, it’s worth remembering it’s not safe to fly planes through volcanic ash.</p> <p>So, how do airlines decide it’s not safe to fly when a volcano erupts? And why is volcanic ash so dangerous for aircraft, anyway?</p> <h2>What does volcanic ash do to a plane?</h2> <p>Volcanic ash particles are very, very abrasive. They can cause permanent damage to windscreens in the aircraft and can even make windscreens look opaque – like someone has gone over them with sandpaper.</p> <p>Imagine getting spectacles and scraping them over and over with sandpaper – that’s what you’d see if you were sitting in the cockpit.</p> <p>Volcanic ash can also clog or damage external sensors, leading to erroneous readings, and can infiltrate an aircraft’s ventilation system. This can affect cabin air quality and lead to potential respiratory issues.</p> <p>But the main issue, in fact, is the impact volcanic ash has on engines.</p> <p>A jet engine works by drawing in air, compressing it, mixing it with fuel and igniting it. This creates high-pressure exhaust gases that are expelled backward, which pushes the engine (and the aircraft) forward.</p> <p>The correct balance of fuel and airflow is crucial. When you disrupt airflow, it can cause the engine to stall.</p> <p>Ash particles that get inside the engines will melt and build up, causing disruption of the airflow. This could cause the engine to “flame out” or stall.</p> <p>Volcanic ash has a lot of silica in it, so when it melts it turns into something similar to glass. It won’t melt unless exposed to very high temperatures – but inside a jet engine, you do get very high temperatures.</p> <p>There was a famous incident in 1982 where a <a href="https://theaviationgeekclub.com/the-story-of-british-airways-flight-9-the-boeing-747-that-lost-all-four-engines-due-to-volcanic-ash-yet-it-landed-safely/">British Airways Boeing 747 plane</a> was flying in the vicinity of Indonesia and lost all four engines after it encountered volcanic ash spewing from Java’s Mount Galunggung.</p> <p>Fortunately, the pilot was able to <a href="https://simpleflying.com/gallunggung-glider-the-story-of-british-airways-flight-9/">restart the engines and land safely</a>, although the pilots were unable to see through the front windscreens.</p> <h2>How do airlines decide it’s not safe to fly when a volcano erupts?</h2> <p>The decision is made by each airline’s operational staff. Each airline’s operational team would be looking at the situation in real time today and making the decision based on their risk assessment.</p> <p>Every airline has a process of risk management, which is required by Australia’s Civil Aviation Safety Authority.</p> <p>Different airlines may tackle risk management in slightly different ways; you might have some cancelling flights earlier than others. But, in broad terms, the more sophisticated airlines would come to similar conclusions and they are likely all communicating with each other.</p> <p>Mostly, they make the call based on the extent of the plume – how big the cloud of ash is and where it’s going, bearing in mind that winds vary with altitude. As you get stronger winds with altitude, the ash can drift quite far from the source.</p> <p>There is also a United Nations agency called the <a href="https://www.icao.int/Pages/default.aspx">International Civil Aviation Organization</a>, which issues guidance on volcanic ash hazards. Various meteorological agencies around the world work together and liaise with aviation authorities to spread the word quickly if there is an eruption.</p> <p>For airlines to resume flights, the ash needs to clear and there needs to be a low probability of further eruptions.</p> <h2>Passenger safety is the priority</h2> <p>The underpinning reason behind these flight cancellations is safety. If you lose engines and you can’t see out the window, the risk to passenger safety is obvious.</p> <p>Naturally, people are upset about their holiday plans being held up. But it’s actually in passengers’ best interests to not fly through volcanic ash.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/243576/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/patrick-murray-2027113">Patrick Murray</a>, Emeritus Professor of Aviation, <a href="https://theconversation.com/institutions/university-of-southern-queensland-1069">University of Southern Queensland</a></em></p> <p><em>Image credits: Shutterstock</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/airlines-cancel-flights-after-volcanic-eruptions-an-aviation-expert-explains-why-thats-a-good-thing-243576">original article</a>.</em></p> </div>

Travel Trouble

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Anthony Albanese under fire over free Qantas upgrades

<p>A journalist's new book has claimed that Anthony Albanese has been scoring free flight upgrades with Qantas for over 15 years.</p> <p>According to <em>AFR</em> journalist Joe Aston's new book <em>The Chairman’s Lounge</em>, the PM and his family received upgrades from Qantas over his time as Transportation Minister and Opposition Leader between the years of 2007 and 2019.</p> <p>Aston's investigation allegedly  found that Albanese had used his relationship with former Qantas CEO Alan Joyce to secure free upgrades to business and first-class flights on at least 22 occasions.</p> <p>“According to Qantas insiders, Albanese would liaise with Joyce directly about his personal travel,” Aston wrote.</p> <p>Albanese has defended these upgrades by stating they were all “declared as appropriate”, saying, “From time to time, members of parliament receive upgrades. What’s important is that they are declared. All of mine have been declared."</p> <p>“I note that a range of them go back a long, a long period of time and that they have all been declared as appropriate.”</p> <p>Despite claiming that the upgrades were all above board, Opposition Leader Peter Dutton called the perks  “a bit strange.”</p> <p>“I think it is a bit strange that Mr Albanese is contacting the CEO of an airline when he is the shadow minister or minister for transport,” said Dutton.</p> <p>“I very strongly believe in the need for people to declare their interests, and sometimes there are oversight and human error involved, but when you’re talking about having a personal phone call to ask for an upgrade, as the transport minister or shadow transport minister, then I presume the prime minister will answer questions about that.”</p> <p><em>Image credits: Shutterstock/LUKAS COCH/EPA-EFE/Shutterstock Editorial</em></p>

Travel Trouble

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What to claim for lost, delayed or damaged bags on overseas flights

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/rebecca-johnston-123333">Rebecca Johnston</a>, <a href="https://theconversation.com/institutions/university-of-notre-dame-australia-852">University of Notre Dame Australia</a> and <a href="https://theconversation.com/profiles/david-hodgkinson-6574">David Hodgkinson</a>, <a href="https://theconversation.com/institutions/the-university-of-western-australia-1067">The University of Western Australia</a></em></p> <p>If you get on a plane and your baggage ends up being delayed, damaged or lost, who’s responsible: you or the airline? And what rules apply when you’re flying between different countries – even if you don’t have travel insurance?</p> <p>Airlines (otherwise known as carriers) generally include baggage requirements in their terms and conditions of carriage, which are set out or referred to on your ticket. These are the rules that apply to the journey that you have booked.</p> <p>But for international flights, a carrier’s liability for damage, loss or delay of baggage is governed by a number of overarching international treaties, which many passengers aren’t aware of.</p> <h2>International agreements</h2> <p>The <a href="http://www.jus.uio.no/lm/air.carriage.warsaw.convention.1929/doc.html">Warsaw Convention</a> of 1929 was the first of these treaties, and the latest is the passenger-friendly 1999 <a href="http://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/">Montreal Convention</a>.</p> <p>In order for one of these treaties to apply to a particular journey, the same treaty must be in place at the point of departure and the passenger’s final destination.</p> <p>For many trips, the agreement that will apply will be the Montreal Convention, which has to date <a href="http://www.icao.int/secretariat/legal/List%20of%20Parties/Mtl99_EN.pdf">108 state parties</a>, covering everywhere from Albania and Australia to Zambia. In time, the Montreal Convention is expected to apply to almost all air travel.</p> <p>The Warsaw Convention (as amended by the <a href="http://www.jus.uio.no/lm/air.carriage.warsaw.convention.hague.protocol.1955/doc.html">Hague Protocol</a> and <a href="http://www.jus.uio.no/lm/air.carriage.warsaw.convention.montreal.protocol.4.1975/doc.html">Montreal Protocol No. 4</a>) will generally apply where the Montreal Convention does not. It is less favourable to passengers.</p> <p>All these treaties have similar provisions to deal with baggage claims – but very different limits to what you might get if you need to make a claim.</p> <h2>What the airline is responsible for</h2> <p>A carrier is liable if your checked baggage is lost, delayed or damaged regardless of fault.</p> <p>This is so unless the damage resulted from the inherent defect or quality of the baggage or, in terms of delay, if it proves that it took all reasonable measures to avoid the damage occasioned by that delay.</p> <p>As for unchecked baggage (that is, carry-on baggage), the carrier is only liable if the damage is due to the fault of the carrier or its agents.</p> <p>Unless otherwise specified, reference to “baggage” includes both checked and unchecked baggage.</p> <h2>Calculating baggage compensation</h2> <p>Under the Warsaw Convention (as amended by the <a href="http://www.jus.uio.no/lm/air.carriage.warsaw.convention.hague.protocol.1955/doc.html">Hague Protocol</a> and <a href="http://www.jus.uio.no/lm/air.carriage.warsaw.convention.montreal.protocol.4.1975/doc.html">Montreal Protocol No. 4</a>) and the Montreal Convention, liability limits are expressed in <a href="http://www.imf.org/external/np/exr/facts/sdr.HTM">special drawing rights</a> (SDRs).</p> <p>An SDR is a type of foreign exchange reserve asset created by the International Monetary Fund. Its value is based on an artificial basket of currencies consisting of the US dollar, the euro, the pound and the Japanese yen. The liability limits are reviewed every five years.</p> <p>As of October 16, 2014, the <a href="http://www.imf.org/external/np/fin/data/param_rms_mth.aspx">value of an SDR</a> is about US$1.49, £0.93 or A$1.70. Current SDR values for other currencies are also listed <a href="http://www.imf.org/external/np/fin/data/param_rms_mth.aspx">here</a>.</p> <h2>So what is your baggage worth?</h2> <p>In terms of baggage liability limits, the Warsaw Convention is of relatively little assistance to passengers.</p> <p>If your international travel is subject to Warsaw (for example, if you flew out of the United States on a one way ticket to Guatemala), liability for delayed, damaged or lost baggage is limited to 17 SDRs (about US$25.33, £15.81 or A$28.90) per kilogram per passenger for checked baggage and 332 SDRs (about US$494.68, £308.76 or A$564.40) per passenger for unchecked baggage.</p> <p>In contrast, a carrier is liable to pay far greater damages if the Montreal Convention applies.</p> <p>For any travel covered by Montreal, the carrier’s liability for baggage is limited to 1131 SDRs per passenger (US$1685.19, £1051.83 or A$1922.70), unless otherwise declared.</p> <p>The carrier is not liable for damages caused by delay if the carrier took all reasonable measures, or if it was impossible for it to take such measures.</p> <h2>Time limits on baggage claims</h2> <p>Time limits are imposed on making a claim for delayed, damaged or lost baggage. Any potential claims should be made to a carrier in writing within these specified limits.</p> <p>Article 26 of Warsaw provides that any complaint as to delay of baggage must be made at the latest within 21 days from the date the baggage was placed at the passenger’s disposal.</p> <figure class="align-right zoomable"></figure> <p>Similarly, under Article 31 of Montreal, a complaint must be made within 21 days of a passenger receiving their baggage.</p> <p>With respect to damaged baggage, under Warsaw, any claim must be made “forthwith” after the discovery of the damage and at most seven days from the date of receipt of the baggage. Montreal also gives passengers seven days from receipt of checked bags to report a damage claim.</p> <p>Neither convention imposes a time limit for reporting lost baggage claims. But it is advisable that you make your complaint as soon as possible.</p> <p>Warsaw does not state when baggage is considered “lost”, leaving it up to carriers to make that ruling. Under Montreal, baggage is only considered lost after 21 days or if the carrier admits that they have lost it.</p> <p>If a passenger fails to make a complaint within the specified times, the carrier will not be liable unless there has been fraud on the carrier’s part.</p> <h2>Insurance alternatives</h2> <p>If you are concerned that the contents of your baggage exceed the liability limits outlined above, you can make a special declaration of the value of your baggage prior to check-in and pay any additional fee (if required).</p> <p>In this case, the carrier will be liable to pay a higher amount, unless it is proved that the declared amount is greater than the actual value of your baggage.</p> <p>Alternatively, prior to travelling, check with your insurance company as to whether your travel insurance covers any excess from delayed, damaged or lost baggage.</p> <p>You might also want to <a href="http://www.icao.int/secretariat/legal/List%20of%20Parties/Mtl99_EN.pdf">check this list</a> to see whether the places you’re departing from and finally arriving at are parties to the Montreal Convention. If not, you might just find yourself out of pocket.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/32111/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/rebecca-johnston-123333">Rebecca Johnston</a>, Adjunct Lecturer, Law School, <a href="https://theconversation.com/institutions/university-of-notre-dame-australia-852">University of Notre Dame Australia</a> and <a href="https://theconversation.com/profiles/david-hodgkinson-6574">David Hodgkinson</a>, Associate Professor, Law School, <a href="https://theconversation.com/institutions/the-university-of-western-australia-1067">The University of Western Australia</a></em></p> <p><em>Image credits: Shutterstock</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-to-claim-for-lost-delayed-or-damaged-bags-on-overseas-flights-32111">original article</a>.</em></p> </div>

Travel Trouble

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Qantas faces the music for selling seats on cancelled flights

<p dir="ltr">Qantas has been fined a whopping $120 million for purposefully misleading customers on flight bookings for several years. </p> <p dir="ltr">After being sued by the Australian Competition and Consumer Commission (ACCC) over dishonest conduct relating to the sale of tickets on cancelled flights, the airline admitted they were deceiving travellers by continuing to sell tickets on flights that had already been cancelled. </p> <p dir="ltr">On Tuesday, Justice Helen Rofe formally ordered Qantas to pay a $100 million fine for their conduct, and another $20 million to travellers who were affected. </p> <p dir="ltr">Qantas agreed to pay $225 to affected customers on domestic flights and $450 on international flights.</p> <p dir="ltr">"This is a substantial penalty, which sets a strong signal to all businesses, big or small, that they will face serious consequences if they mislead their customers," ACCC chair Gina Cass-Gottlieb said in a statement following the court orders.</p> <p dir="ltr">Earlier this year, Cass-Gottlieb described Qantas’ conduct as “egregious and unacceptable”, after data showed that between May 2021 and August 2023, the airline sold tickets on cancelled flights to more than 86,000 customers.</p> <p dir="ltr">In addition to cancelling the flights, the airline also failed to inform travellers that their flights were no longer going ahead as scheduled. </p> <p dir="ltr">ACCC barrister Christopher Caleo claimed that some senior airline managers knew about different aspects of the issue, including the fact that cancelled flights were not removed from booking pages or that customers could still book those flights, but no single manager was aware of the severity of the issue. </p> <p dir="ltr">"Qantas was aware of deficiencies in their systems," Caleo said. "Despite their awareness, it persisted over an extended period of time and affected a large number of consumers."</p> <p dir="ltr">Caleo added that the sizable fine presented to Qantas was required in order to deter them from any further devious conduct. </p> <p dir="ltr">"A penalty must send a signal to other companies in Australia, particularly to other large companies, that contraventions of Australian consumer law will not be tolerated," he said.</p> <p dir="ltr">"It must sting and must not be an acceptable cost for Qantas for failing to have systems in place."</p> <p dir="ltr">Qantas said it has made changes to its systems and agreed to notify customers of cancelled flights no longer than 48 hours from cancelling a flight and stop selling tickets for those journeys within 24 hours, with these changes also taking effect with subsidiary Jetstar.</p> <p dir="ltr">"The fact that Qantas made these changes makes it clear that Qantas wants to avoid the matter from occurring again," barrister Ruth Higgins said.</p> <p dir="ltr"><em>Image credits: Shutterstock </em></p> <p> </p>

Travel Trouble

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The Princess of Wales wants to stay cancer-free. What does this mean?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/amali-cooray-1482458">Amali Cooray</a>, <a href="https://theconversation.com/institutions/wehi-walter-and-eliza-hall-institute-of-medical-research-822">WEHI (Walter and Eliza Hall Institute of Medical Research) </a>; <a href="https://theconversation.com/profiles/john-eddie-la-marca-1503690">John (Eddie) La Marca</a>, <a href="https://theconversation.com/institutions/wehi-walter-and-eliza-hall-institute-of-medical-research-822">WEHI (Walter and Eliza Hall Institute of Medical Research) </a>, and <a href="https://theconversation.com/profiles/sarah-diepstraten-1495268">Sarah Diepstraten</a>, <a href="https://theconversation.com/institutions/wehi-walter-and-eliza-hall-institute-of-medical-research-822"><em>WEHI (Walter and Eliza Hall Institute of Medical Research)</em> </a></em></p> <p>Catherine, Princess of Wales, <a href="https://www.theguardian.com/uk-news/article/2024/sep/09/princess-of-wales-cancer-free-after-completing-chemotherapy">has announced</a> she has now completed a course of preventive chemotherapy.</p> <p>The news comes nine months after the princess first <a href="https://www.bbc.com/news/uk-68641441">revealed</a> she was being treated for an unspecified form of cancer.</p> <p>In the new <a href="https://www.youtube.com/watch?v=QSrDEq8QFkc">video message</a> released by Kensington Palace, Princess Catherine says she’s focused on doing what she can to stay “cancer-free”. She acknowledges her cancer journey is not over and the “path to recovery and healing is long”.</p> <p>While we don’t know the details of the princess’s cancer or treatment, it raises some questions about how we declare someone fully clear of the disease. So what does being – and staying – “cancer-free” mean?</p> <h2>What’s the difference between being cancer-free and in remission?</h2> <p>Medically, “cancer-free” <a href="https://www.mdanderson.org/cancerwise/remission--cancer-free--no-evidence-of-disease--what-is-the-difference-when-talking-about-cancer-treatment-effectiveness-and-results.h00-159460845.html">means</a> two things. First, it means no cancer cells are able to be detected in a patient’s body using the available testing methods. Second, there is no cancer left in the patient.</p> <p>These might sound basically the same. But this second aspect of “cancer-free” can be complicated, as it’s essentially impossible to be sure no cancer cells have survived a treatment.</p> <p>It only takes a few surviving cells for the cancer to <a href="https://theconversation.com/how-does-cancer-spread-to-other-parts-of-the-body-219616">grow back</a>. But these cells may not be detectable via testing, and can lie dormant for some time. The possibility of some cells still surviving means it is more accurate to say a patient is “in remission”, rather than “cancer-free”.</p> <p>Remission means there is no detectable cancer left. Once a patient has been in remission for a certain period of time, they are often considered to be fully “cancer-free”.</p> <p>Princess Catherine was not necessarily speaking in the strict medical sense. Nonetheless, she is clearly signalling a promising step in her recovery.</p> <h2>What happens during remission?</h2> <p>During remission, patients will usually undergo surveillance testing to make sure their cancer hasn’t returned. Detection tests can vary greatly depending on both the patient and their cancer type.</p> <p>Many <a href="https://www.cancer.gov/about-cancer/screening/screening-tests">tests</a> involve simply looking at different organs to see if there are cancer cells present, but at varying levels of complexity.</p> <p>Some cancers can be detected with the naked eye, such as skin cancers. In other cases, technology is needed: colonoscopies for colorectal cancers, X-ray mammograms for breast cancers, or CT scans for lung cancers. There are also molecular tests, which test for the presence of cancer cells using protein or DNA from blood or tissue samples.</p> <p>For most patients, testing will continue for years at regular intervals. Surveillance testing ensures any returning cancer is caught early, giving patients the best chance of successful treatment.</p> <p>Remaining in remission for five years can be a huge milestone in a patient’s cancer journey. For most types of cancer, the <a href="https://pubmed.ncbi.nlm.nih.gov/31231898/">chances of cancer returning</a> drop significantly after five years of remission. After this point, surveillance testing may be performed less frequently, as the patients might be deemed to be at a lower risk of their cancer returning.</p> <h2>Measuring survival rates</h2> <p>Because it is very difficult to tell when a cancer is “cured”, clinicians may instead refer to a “five-year survival rate”. This measures how likely a cancer patient is to be alive five years after their diagnosis.</p> <p>For example, data shows the <a href="https://ncci.canceraustralia.gov.au/outcomes/relative-survival-rate/5-year-relative-survival-diagnosis">five-year survival rate</a> for <a href="https://cancer.org.au/cancer-information/types-of-cancer/bowel-cancer">bowel cancer</a> among Australian women (of all ages) is around 70%. That means if you had 100 patients with bowel cancer, after five years you would expect 70 to still be alive and 30 to have succumbed to the disease.</p> <p>These statistics can’t tell us much about individual cases. But comparing five-year survival rates between large groups of patients after different cancer treatments can help clinicians make the often complex decisions about how best to treat their patients.</p> <p>The likelihood of cancer coming back, or recurring, is influenced by many factors which can vary over time. For instance, approximately 30% of people with lung cancer <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7061059/">develop a recurrent disease</a>, even after treatment. On the other hand, <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4933127/">breast cancer recurrence</a> within two years of the initial diagnosis is approximately 15%. Within five years it drops to 10%. After ten, it falls below 2%.</p> <p>These are generalisations though – recurrence rates can vary greatly depending on things such as what kind of cancer the patient has, how advanced it is, and whether it has spread.</p> <h2>Staying cancer-free</h2> <p>Princess Catherine <a href="https://www.theguardian.com/uk-news/article/2024/sep/09/princess-of-wales-cancer-free-after-completing-chemotherapy">says</a> her focus now is to “stay cancer-free”. What might this involve?</p> <p>How a cancer develops and whether it recurs can be <a href="https://nature.com/articles/s41467-018-05467-z">influenced</a> by things we can’t control, such as age, ethnicity, gender, genetics and hormones.</p> <p>However, there are sometimes <a href="https://www.cancer.gov/about-cancer/causes-prevention/risk/substances">environmental factors</a> we can control. That includes things like exposure to UV radiation from the sun, or inhaling carcinogens like tobacco.</p> <p>Lifestyle factors also play a role. Poor diet and nutrition, a lack of exercise and excessive alcohol consumption can all <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10925935">contribute to cancer development</a>.</p> <p>Research estimates more than half of all cancers could <a href="https://www.canceraustralia.gov.au/resources/position-statements/lifestyle-risk-factors-and-primary-prevention-cancer/recommendations">potentially be prevented</a> through <a href="https://www.health.gov.au/topics/cancer/screening-for-cancer">regular screening</a> and maintaining a healthy lifestyle (not to mention preventing other chronic conditions such as heart disease and diabetes).</p> <p>Recommendations to reduce cancer risk are the same for everyone, not just those who’ve had treatment like Princess Catherine. They include not smoking, eating a nutritious and balanced diet, exercising regularly, cutting down on alcohol and staying sun smart.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/238681/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/amali-cooray-1482458">Amali Cooray</a>, PhD Candidate in Genetic Engineering and Cancer, <a href="https://theconversation.com/institutions/wehi-walter-and-eliza-hall-institute-of-medical-research-822">WEHI (Walter and Eliza Hall Institute of Medical Research) </a>; <a href="https://theconversation.com/profiles/john-eddie-la-marca-1503690">John (Eddie) La Marca</a>, Senior Research Officer, Blood Cells and Blood Cancer, <a href="https://theconversation.com/institutions/wehi-walter-and-eliza-hall-institute-of-medical-research-822">WEHI (Walter and Eliza Hall Institute of Medical Research) </a>, and <a href="https://theconversation.com/profiles/sarah-diepstraten-1495268">Sarah Diepstraten</a>, Senior Research Officer, Blood Cells and Blood Cancer Division, <a href="https://theconversation.com/institutions/wehi-walter-and-eliza-hall-institute-of-medical-research-822">WEHI (Walter and Eliza Hall Institute of Medical Research)</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/the-princess-of-wales-wants-to-stay-cancer-free-what-does-this-mean-238681">original article</a>.</em></p> </div>

Caring

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Parents under fire for taking their sick toddler on a long-haul flight

<p>A couple has come under fire after documenting their experience online of boarding a long-haul flight with their toddler, despite the child being sick. </p> <p>Alina and her husband were excited to go on their long-awaited holiday to Thailand with their one-year-old son in tow, taking off on their first big family trip. </p> <p>However, shortly before they were set to take off, their child developed a raging fever, and they decided to go on the trip anyway. </p> <p>Taking the experience to social media, Alina said her son’s temperature soared to around 40 degrees, with their little boy’s condition escalating so rapidly that the parents were considering calling off their entire trip. </p> <p>“My husband and I even wanted to cancel the flight,” she confessed in the video, which has received around 1.4 million views.</p> <p>However, after realising they would be out of pocket by several thousands of dollars if they cancelled the trip at such short notice, they decided to take the risk and board the plane. </p> <p>“Our tickets would have been wasted, and the trip that cost us $3,000 would have been wasted,” the mum wrote. "One plus of this flight was that the flight was at night, and the child could sleep and recover.”</p> <p>In the clip, the parents were seen walking their son around the plane, cradling the sick toddler as he cried uncontrollably.</p> <p>Luckily, the parents “managed to bring down the temperature”, but they weren’t convinced their son would keep quiet for the rest of the trip. </p> <p>“We were so worried about how the baby would feel on an eight-hour flight,” she continued, walking the baby up and down the corridors of the airport, trying to calm him down. </p> <p>As they tried to settle the child, they realised that their hopes that he would sleep the whole way were misguided. </p> <p>“The flight turned out to be difficult,” Alina confessed. “The baby kept waking and crying.” </p> <p>In the middle of the night, their son’s fever returned, which forced the parents to “bring the temperature down again” and left them “very worried” about their son’s health. </p> <p>Their baby’s fever took a toll on the parents as well, who complained of feeling “squeezed like a lemon” while trying to keep his temperature down, as Alina recalled, “We took turns looking after the baby so each of us could sleep.”</p> <p>In a later video, the parents defended their choice to take their son on the flight despite his intense fever and blamed it on his teething, not sickness. </p> <p>“Our baby wasn’t sick, he was teething, and that’s why he had a fever,” she said. “If our child had been sick, we would have cancelled everything … I consider myself a wonderful mother.”</p> <p>Despite the mother's clarification of her son's fever, the parents were slammed for even considering taking a sick child on such a long flight. </p> <p>“It’s OK, don’t worry about making anyone else on that flight sick,” a sarcastic comment read. “This is so tremendously selfish, you are appalling for doing this to him and others.” </p> <p>“I was in the same situation,” another parent said. “I lost all bookings, but who cares, my daughter comes first always and forever, no matter the amount of money!”</p> <p>“Trips come and go; your baby’s health is priceless!” read another comment. “Forty degrees is a hospital admission! Not a flight to Thailand!”</p> <p>However, not everyone was as judgmental, with many parents extending their sympathies to the first-time parents, as one person wrote, “You know what’s best for your baby. Everyone will say things. But only you will know when you are in that situation.”</p> <p>“Everyone is a first-time parent,” another defended. “This was a lesson learned. A baby’s health is of utmost importance. No holiday is more important than that. I hope he is OK now.”</p> <p><em>Image credits: TikTok</em></p>

Travel Trouble

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"No show": Wild reason couple denied refund on flights scheduled during Covid

<p>A Melbourne couple, who had booked flights with Qantas during the state's fifth lockdown, were left furious after they were told they were ineligible for a refund because they were a "no show". </p> <p>Kieran McGregor told <em>news.com.au</em> that he and his partner had originally booked the flights to Darwin for July 18, 2021 through travel giant Expedia. </p> <p>When the number of Covid cases started rising, he moved the flights forward to fly out on the 16th of July, hoping that they would be able to get out before another lockdown, but the day before their flight, Victorian Premier Daniel Andrews announced the state's fifth lockdown. </p> <p>Three years later, McGregor was still stuck between trying to get the refund from Expedia, who said Qantas had the money, and Qantas, who said the travel agent had it.</p> <p>Last year, McGregor contacted Expedia on their X account to try to resolve the issue, but the company said:  “We just got off the phone with the airline, and as per advised, the ticket shows suspended on their end due to a no show."</p> <p>“Your ticket is no (sic) eligible for a refund, and has no value as per the airline. We apologize for the inconvenience.”</p> <p>He was "incredulous" when he received the message. </p> <p>“How could I fly if the state of Victoria was in lockdown and I couldn’t move more than 5km from the house?” he told news.com.au. </p> <p>When he contacted Qantas, the airline claimed “the funds will still remain with the agency that you’ve booked with” and to contact them directly for a refund.</p> <p>McGregor told news.com.au the ordeal was “utterly disgraceful” and that he was unaware if the flight went ahead or not. </p> <p>The publication reportedly contacted Expedia and Qantas and on Tuesday morning they finally said that a refund would be issued, but McGregor said he was yet to be contacted.</p> <p>“For flight bookings at Expedia, we generally follow the policies of our travel partners, so any refund is determined by the airline,” an Expedia spokeswoman said.</p> <p>“We have looked into this case with Qantas, and we will be contacting the traveller to process the­ refund.”</p> <p>While a Qantas spokesman said: “We apologise for the extended delay in resolving this issue and are processing a full refund for their bookings.”</p> <p>It is unclear which company held McGregor's funds, which was reported to be around $2,500. </p> <p>Adam Glezer from Consumer Champion told news.com.au that McGregor came to him recently when he felt he had nowhere else to turn.</p> <p>He said that these situations were quite common. </p> <p>“What Kieran has gone through with Expedia and Qantas is extremely common where the third party says the airline has the money and the airline says the third party has the money. I call it the blame game and there’s only one loser out of it and that’s the customer," he said. </p> <p>“Transparency in these situations is of utmost importance and unfortunately it just doesn’t exist.”</p> <p><em>Images: news.com.au/ DLeng / Shutterstock.com</em></p>

Travel Trouble

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Why is it so hard to cancel subscriptions or end ‘free’ trials? Report shows how companies trap you into paying

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a></em></p> <p>Many businesses are trapping Australian consumers in paid subscriptions by making them hard to cancel, hiding important details and offering “free” trials that auto-renew with hefty charges. We need law reform to tackle this continuing problem.</p> <p><a href="https://cprc.org.au/report/let-me-out">A new report</a> shows 75% of Australian consumers have had negative experiences when trying to cancel a subscription, according to the Consumer Policy Research Centre (CPRC).</p> <p>It shows businesses use “<a href="https://www.wired.com/story/how-to-spot-avoid-dark-patterns/">dark patterns</a>”, which are designs that hinder consumers who try to act in their own best interests. Subscription traps are often called “<a href="https://www.ftc.gov/business-guidance/blog/2022/11/checking-out-ftcs-100-million-settlement-vonage">Hotel California</a>” techniques, referring to The Eagles’ famous lyric: “you can check out any time you want, but you can never leave”.</p> <p>In some of these cases, consumers may have remedies under our existing consumer law, including for misleading conduct. But we need law reform to capture other <a href="https://treasury.gov.au/consultation/c2023-430458">unfair practices</a>.</p> <p>In the meantime, the CPRC’s research also gives examples of businesses with <em>fair</em>, consumer-friendly subscription practices. These also benefit the business.</p> <h2>Examples of unfair subscription traps</h2> <p><a href="https://www.forbes.com/councils/forbesbusinessdevelopmentcouncil/2022/09/12/the-evolution-of-the-subscription-model-and-whats-on-the-horizon/">Subscription business models</a> have become common – many products are now provided in the form of software, an app or access to a website. Some of these would once have been a physical book, newspaper, CD or exercise class.</p> <p>Most people who use online services have experienced the frustration of finding a credit card charge for an unwanted, unused subscription or spending excessive time trying to cancel a subscription.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=643&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615486/original/file-20240826-16-fp57es.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=808&amp;fit=crop&amp;dpr=3 2262w" alt="Infographic with a few statistics from the report." /></a><figcaption><span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <p>Businesses can make it difficult for consumers to stop paying for unwanted subscriptions. Some do this by allowing consumers to start a subscription with a single click, but creating multiple obstacles if you want to end the subscription.</p> <p>This can include obscuring cancellation options in the app, requiring consumers to phone during business hours or making them navigate through multiple steps and offers before terminating. The report points out many of the last-ditch discounts offered in this process are only short term. One survey respondent said:</p> <blockquote> <p>I wasn’t able to cancel without having to call up and speak to someone. Their business hours meant I had to call up during my work day and it took some time to action.</p> </blockquote> <p>Other businesses badger consumers with frequent emails or messages after they cancel. One respondent said a business made “the cancellation process impossible by making you call and then judging your reason for cancellation”.</p> <h2>What does consumer law say?</h2> <p>Some subscription traps already fall foul of the Australian Consumer Law and warrant investigation by the <a href="https://www.accc.gov.au/media-release/accc-warns-consumers-to-beware-of-subscription-traps">Australian Competition &amp; Consumer Commission</a> (ACCC). Consumers may have remedies where the business has engaged in misleading conduct or imposes an unfair contract term.</p> <p>For example, the ACCC is <a href="https://www.accc.gov.au/media-release/accc-court-action-against-eharmony-for-alleged-misleading-online-dating-membership-statements#:%7E:text=The%20ACCC%20has%20today%20commenced%20proceedings%20in%20the,the%20pricing%2C%20renewal%20and%20duration%20of%20its%20memberships.">suing dating site eHarmony</a> for its allegedly misleading subscription practices.</p> <p>In the United States, the Federal Trade Commission <a href="https://www.ftc.gov/news-events/news/press-releases/2024/06/ftc-takes-action-against-adobe-executives-hiding-fees-preventing-consumers-easily-cancelling">has filed a complaint against software company Adobe</a> for allegedly using dark patterns in its subscription practices.</p> <p>The Federal Trade Commission has alleged that “Adobe pushed consumers toward the ‘annual paid monthly’ subscription without adequately disclosing that cancelling the plan in the first year could cost hundreds of dollars”.</p> <p>Adobe <a href="https://news.adobe.com/news/news-details/2024/Adobes-Recent-Statement-Regarding-Updated-Federal-Trade-Commission-Complaint-/default.aspx">issued a statement</a> arguing the commission’s complaint “mischaracterises” its business. The litigation is ongoing.</p> <h2>We need an unfair practices prohibition</h2> <p>Some subscription traps would fall outside the existing consumer law. This is because they don’t meet the test for misleading conduct or unfair contract terms, but make it practically very difficult to cancel.</p> <p>The <a href="https://www.accc.gov.au/media-release/accc-welcomes-consultation-on-possible-unfair-trading-practices-regulatory-reforms">ACCC has advocated</a> for Australia to follow other countries such as the United Kingdom and the United States to enact an unfair practices prohibition to capture conduct like this.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=769&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/615487/original/file-20240826-16-2j23h7.png?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=966&amp;fit=crop&amp;dpr=3 2262w" alt="" /></a><figcaption><span class="caption">The shift businesses can make today.</span> <span class="attribution"><a class="source" href="https://cprc.org.au/wp-content/uploads/2024/08/CPRC_LetMeOut_SubsTraps_Report_FINAL.pdf">CPRC, Let me out – Subscription trap practices in Australia, August 2024</a></span></figcaption></figure> <h2>Better practices benefit businesses too</h2> <p>The CPRC report also revealed that 90% of Australians would likely purchase from the same organisation if cancelling a subscription process was quick and simple.</p> <p>Businesses focused on a short-sighted cash grab fail to realise that consumers might cancel but later return if treated well.</p> <p>The CPRC highlights businesses that are doing a good job. For instance, the habit change app Atoms (based on James Clear’s book Atomic Habits) has a genuinely free trial. It doesn’t require credit card details, doesn’t auto-renew, and lets consumers know how many trial days remain.</p> <p>The CPRC says the charity World Vision doesn’t auto-renew annual sponsorships, but reminds supporters about when the sponsorship will lapse.</p> <p>Importantly, some businesses – such as Netflix – use their data for good in this context. They notice when users are paying for the service without using it and help them unsubscribe.</p> <p>These practices should be applauded. But we need an unfair practices prohibition for businesses who don’t follow suit and recognise the long-term benefits of treating customers fairly.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/237236/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, Associate Professor, Faculty of Law &amp; Justice; Lead, UNSW Public Interest Law &amp; Tech Initiative, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/why-is-it-so-hard-to-cancel-subscriptions-or-end-free-trials-report-shows-how-companies-trap-you-into-paying-237236">original article</a>.</em></p> </div>

Money & Banking

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Passengers on cancelled flights to be compensated under new reforms

<p>Plane passengers could soon be entitled to compensation or refunds for delayed or cancelled flights in Australia. </p> <p>The long-awaited Aviation White Paper will be handed down this morning, as part of the federal government's crackdown on the aviation sector. </p> <p>The white paper makes 56 recommendations, including the the establishment of an Aviation Industry Ombudsman Scheme, which will have the authority to make it compulsory for airlines to provide support to passengers and give travellers more rights. </p> <p>The Aviation Industry Ombudsman Scheme will also be able to refer to allegations of misconduct for investigation and enforcement. </p> <p>It will also introduce a new "Charter of Rights" entitling airline customers to refunds for flights that are disrupted, cancelled, or unreasonably delayed. </p> <p>Infrastructure Minister Catherine King said the changes were critical to ensure that passenger had better experiences in the air, and will provide them with a baseline for the services they can expect on flights. </p> <p>"The aviation customer experience has deteriorated post-COVID, with an urgent need to better protect the rights of the travelling public," she said.</p> <p>She added that Australians were often not being dealt with fairly by airlines. </p> <p>"The bottom line is if people don't get the service that they are expecting, then customers deserve to get their money back or they deserve to get an equivalent service," she said. </p> <p>"And that's really not what's been happening when it comes to the consumer space."</p> <p>Under the Aviation Industry Ombuds Scheme, airlines will also have to "show cause" and provide a valid reason why a flight has been delayed or cancelled, and the ombudsperson has the right to request additional information. </p> <p>Airlines will also be required to provide support to people to make alternative travel arrangements. </p> <p>As part of its white paper, the government will also establish new minimum standards for airlines to make their services more accessible to those with disabilities. </p> <p>Legislation to establish the aviation ombuds office will be introduced next year, but the government plans to appoint an interim ombudsperson. </p> <p>The scheme is expected to be fully implemented in 2026. </p> <p><em>Image: Shutterstock</em></p> <p> </p>

Legal

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Flight attendant shares travel tips for loved-up couples

<p dir="ltr">A flight attendant has shared what loved-up couples should not do when taking a trip together. </p> <p dir="ltr">Seasoned cabin crew member Suzanne Bucknam has warned couples to be wary of appropriate behaviour, and advised against these travel “icks”. </p> <p dir="ltr">Suzie told <em><a href="https://www.skyparksecure.com/">SkyParkSecure</a></em>, that one thing couples should be aware of when travelling are public displays of affection (PDA), which could land you in trouble. </p> <p dir="ltr">"A kiss on the lips or handholding doesn't warrant ick status but making out and putting a blanket over each other's laps gets very uncomfortable for everyone in the vicinity," Suzanne explains.</p> <p dir="ltr">"I've seen several couples attempt to join the mile-high club either in the bathroom or, worse, at their seats with said blanket over them. In fact, I've caught a couple with their pants down in the back of our plane once. We did an emergency landing and had them escorted off the plane, then got back in the air without them.”</p> <p dir="ltr">"It should be known that you can be arrested for public indecency, and flight attendants won't be afraid to call the authorities if they see you trying to get too cosy with your partner."</p> <p dir="ltr">Another must do for travelling couples is to book your plane seats together, rather than ask other passengers to change seats. </p> <p dir="ltr">"A simple boarding process can become a nightmare if couples don't book seats together but demand another passenger to move," she says.</p> <p dir="ltr">"Not only does it slow the process down significantly, but it often causes an altercation between passengers when someone won't move. Someone picked and paid for that seat, so they are well within their right to turn down a request to switch."</p> <p dir="ltr">Suzie said that while she understands couples, especially honeymooners, are excited about their travels, that doesn’t give them the right to make demands, and being difficult will get you nowhere. </p> <p dir="ltr">"What I wish all honeymooners knew before travelling somewhere is that, just because they're celebrating, it doesn't mean others have to celebrate or contribute to that celebration. If you do get a free upgrade or a free drink, fantastic! But please don't demand one from an unsuspecting flight attendant," she explains.</p> <p dir="ltr">"And as an employee who has been in that situation, it's just plain awkward if there are no upgrades available, and it's against the airline's policy to give freebies."</p> <p dir="ltr"><em>Image credits: Shutterstock </em></p> <p> </p>

Travel Tips

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Passenger sparks debate over travellers sleeping in aisle seats

<p>A heated debate has erupted online after a passenger suggested those sitting in an aisle seat should remain alert and awake for the entire flight, with the only exception being if it's a long-flight of seven hours or more. </p> <p>“A person sitting in an aisle seat on a plane should not be allowed to sleep," they wrote on Reddit. </p> <p>The reason behind it, according to the passenger, is to ensure that middle and window seat passengers can access the toilet, get served by flight attendants, and evacuate quickly in an emergency. </p> <p>“There are some exceptions and those would probably be on any flight longer than seven hours.</p> <p>“But anything shorter than that, you should not be sleeping. What if the middle or window passenger needs the bathroom, or if the flight attendant needs to hand them something – You’ll be in the way.”</p> <p>They added that a snoozing aisle seat passenger could potentially slow down evacuation during an emergency and put everyone at risk. </p> <p>“Now you would be risking people’s lives because you fell asleep,” they wrote.</p> <p>Social media users flocked to the Reddit thread to share their thoughts. </p> <p> “Nah, just poke me and wake me up if you need me to get up or do something," one wrote. </p> <p>“I’m well aware that I’m in the way, believe me. I’m certainly not there because I wanted to be in the aisle seat.”</p> <p>“If you sleep in an aisle seat, you deal with people getting up. That’s the unwritten rule," another added. </p> <p>A few others supported the idea, but shared their own take on plane etiquette. </p> <p> “My take on this: if you sleep in the aisle seat, you must be okay with being woken up multiple times to let the folks in your row get up.</p> <p>“Other flight rules: middle seat gets the armrest, and window seat must raise the window shade during taxi, takeoff, and landing so the rest of us in the row can watch.”</p> <p><em>Image: Shutterstock</em></p> <p> </p>

Travel Tips

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Does free-to-air TV really need gambling ads to survive?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/andrew-hughes-2728">Andrew Hughes</a>, <a href="https://theconversation.com/institutions/australian-national-university-877">Australian National University</a></em></p> <p>If anything is a sure bet right now, it’s corporate Australia’s willingness to use some variation of the “for society’s good” argument.</p> <p>The most recent example of this is the claim being made, including by federal minister <a href="https://www.theguardian.com/australia-news/article/2024/aug/13/gambling-ad-ban-labor-bill-shorten-tv-media-advertising-revenue">Bill Shorten</a>, that an outright ban on gambling advertising would be disastrous for free-to-air TV.</p> <p>To be clear, Labor still supports new restrictions on gambling advertisements, including hourly caps and bans during kids’ TV and during and around sports broadcasts.</p> <p>But it has rejected the idea of a total ban, prompting a <a href="https://www.smh.com.au/politics/federal/labor-mps-say-total-ban-is-the-only-way-on-gambling-ads-20240812-p5k1q0.html">backlash</a> extending as far as some of its own backbench MPs.</p> <p>Speaking on ABC’s Q&A on Monday night, Shorten said Australia’s free-to-air TV broadcasters were in “diabolical trouble”, with many needing gambling ad revenue “in order just to stay afloat”.</p> <p>“I’m not convinced that complete prohibition works,” he said.</p> <p>So would our commercial TV networks really fall over tomorrow without gambling ad revenue? Or is something else at play?</p> <h2>Who is buying ads in Australia?</h2> <p>Let’s start by building a bigger picture of where advertising spend more broadly comes from in Australia. Global analytics firm Nielsen regularly compiles <a href="https://www.nielsen.com/news-center/2024/top-20-categories-by-ad-spend-for-2023-revealed-in-latest-nielsen-ad-intel-report/#:%7E:text=Retail%20topped%20the%20list%20with,significant%20investment%20of%20%24596m.">top 20</a> lists of both the categories and individual companies spending the most on ads here.</p> <p>In 2023 the top category, retail, accounted for A$2.56 billion in advertising spend. Gambling and gaming, in contrast, represented just $239 million, less than a tenth of this figure.</p> <p>Harvey Norman topped the list of <a href="https://www.nielsen.com/news-center/2024/australias-top-20-highest-spending-advertisers-of-2023-revealed-in-latest-nielsen-ad-intel-report/">individual companies</a> in 2023. The first we see of any gambling brand is Sportsbet, which came in at 16th.</p> <p>For gambling companies, it’s fair to assume the lion’s share of this goes to TV. <a href="https://www.acma.gov.au/publications/2023-10/report/gambling-advertising-australia-placement-and-spending">Research</a> by the Australian Communications and Media Authority (ACMA) found 68% of gambling companies’ ad spend went to free-to-air TV markets.</p> <p>As for the remainder, 9% went to radio, 15% to social media and 8% to other online platforms.</p> <h2>How much is actually getting spent?</h2> <p>But how do we estimate the gambling industry’s total annual advertising spend? There are certainly a lot of numbers getting thrown around.</p> <p>One <a href="https://www.afr.com/companies/media-and-marketing/tv-networks-to-demand-fee-relief-as-40m-wagering-hole-opens-up-20240804-p5jzav">source</a> put it at $300.5 million for 2022.</p> <p>More recently, ACMA published detailed figures for the period between May 2022 and April 2023 which put it at just over <a href="https://www.acma.gov.au/publications/2023-10/report/gambling-advertising-australia-placement-and-spending">$238 million</a>, with $162 million of this going to free-to-air TV networks.</p> <p>But the way advertising is classified – what defines an advertisement – can sometimes differ between agencies. Then there is the <a href="https://www.acma.gov.au/check-if-gambling-operator-legal#register-licensed-gambling">number of brands operating</a>, which is constantly changing.</p> <p>In a market with so many competitors, any new entrant needs to spend big on advertising just to capture enough market share to be viable.</p> <p>This is why I argue that the actual figure for financial year 2023 may be slightly higher than ACMA’s widely quoted figure, accounting for the big ad spend of new entrants that may have fallen outside the time window assessed.</p> <p>Based on average company ad spend as a percentage of revenue and the size of the gambling industry, I estimate it could be higher, in the ballpark of $275 million.</p> <h2>How much is that to the networks?</h2> <p>This exercise is all about putting these figures in context.</p> <p>Channel Seven, for example, brought in <a href="https://www.sevenwestmedia.com.au/assets/Uploads/Final-2023-Annual-Report.pdf">$1.5 billion in revenue in 2023</a>. Even if it had received the gambling industry’s entire ad spend at my higher estimate of $275 million, this would still only account for less than 20% of its annual turnover.</p> <p>If that money all went to TV ads, Channel Seven’s stated 38.5% share of television advertising revenue would put its revenue from the estimated sports betting advertising at about $106 million in this example, around 7% of its total annual revenue.</p> <p>Losing most of that would hurt, but wouldn’t mortally threaten the business.</p> <p>A total ban would most likely be <a href="https://www.abc.net.au/news/2024-08-13/peta-murphy-left-online-gambling-legacy-why-isn-t-labor-adopting/104217328">phased in</a> over a number of years, not enacted overnight.</p> <p>Australia’s free-to-air networks would adapt, restrategise, and find and develop new markets to replace that revenue. Their management teams are far too smart to just shrug their shoulders and take a revenue hit on the corporate chin.</p> <h2>Networks have had plenty of time to adapt</h2> <p>Just a refresher. LinkedIn is now more than 20 years old. Facebook is 20. YouTube is 19. X (formerly known as Twitter) is 18. TikTok is seven.</p> <p>If free-to-air TV’s business model is so glacial it can’t function in the digital age, it probably doesn’t deserve to be operating in the big leagues.</p> <p>Digital is here and has been for a while now. The media industry has borne the brunt of this change, but has also had the most time to adapt to the disruptors, who are now more established oligopolies and duopolies than “cool start-ups” out of Silicon Valley.</p> <p>The argument that we need to protect sports gambling ads to protect the big media brands – has little to no basis. It’s a worn out argument we’ve seen time and time again – <a href="https://theconversation.com/how-the-push-to-end-tobacco-advertising-in-the-1970s-could-be-used-to-curb-gambling-ads-today-200915">big tobacco</a>, I’m looking at you.</p> <p>Protecting the interests of corporate Australia at the cost of society itself is a gamble none of us should be prepared to take.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/236686/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/andrew-hughes-2728">Andrew Hughes</a>, Lecturer, Research School of Management, <a href="https://theconversation.com/institutions/australian-national-university-877">Australian National University</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/does-free-to-air-tv-really-need-gambling-ads-to-survive-236686">original article</a>.</em></p> </div>

Money & Banking

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Cause of death revealed after eight-year-old dies mid-flight

<p>The cause of death of an eight-year-old girl who died suddenly mid-flight has been revealed. </p> <p>Sydney Weston was travelling with her family from their home state of Missouri to Chicago on June 13th when she suddenly fell ill on the flight and died. </p> <p>Now, according to Peoria County Coroner Jamie Harwood, Sydney was suffering from at least five different illnesses at the time of her death. </p> <p>The eight-year-old reportedly died from complications of chronic primary adrenalitis coupled with several infections, including enterovirus and strep, as well as inflammation of the small intestines known as duodenitis and the thyroid gland inflammation commonly known as thyroiditis. </p> <p>Harwood found that the long list of conditions suggests Sydney may have suffered from an autoimmune disorder which left her body attacking its own healthy cells and harming organ operation. </p> <p>Sydney suffered a medical emergency onboard the flight, causing the plane to divert to Peoria, Illinois, for an emergency landing, but Sydney died after being rushed to a nearby hospital.</p> <p>Results from a previously released preliminary autopsy were inconclusive but found that her body showed no signs of abuse, neglect or foul play.</p> <p>At the time of her sudden and tragic death, Sydney was just a week away from celebrating her ninth birthday.</p> <p>“She will forever be remembered for the happiness she brought to every single person she encountered. Our hearts are heavy. She was our baby girl and we celebrate her beautiful life,” her obituary read.</p> <p><em>Image credits: Instagram </em></p>

Caring

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If Australia had an aviation ombudsman, passengers could get compensation for cancelled flights

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/justin-wastnage-489752">Justin Wastnage</a>, <a href="https://theconversation.com/institutions/griffith-university-828">Griffith University</a></em></p> <p>The financial difficulties of <a href="https://www.abc.net.au/news/2024-08-02/rex-airlines-staff-notified-of-termination/104172020">Rex Airlines</a>, coming so soon after the bankruptcy of <a href="https://www.abc.net.au/news/2024-06-26/bonza-directors-accused-of-trading-while-insolvent/104022496">Bonza</a>, have brought into sharp focus one of the federal government’s key priorities for aviation: enhancing passenger rights.</p> <p>In each case, passengers were left with tickets for flights that did not fly. In the case of Rex, tickets were honoured by rivals Virgin Australia and Qantas, possibly trying to recapture the small toehold Rex had established in the Brisbane-Sydney-Melbourne golden triangle.</p> <p>The Bonza story was more complex as the fledgling airline, which collapsed in May, had sought to exploit under-serviced routes to smaller leisure-based cities including Maroochydore and Port Macquarie.</p> <p>In many cases, passengers were left out-of-pocket and stranded.</p> <h2>Support for an ombudsman</h2> <p>These failures will have emboldened the federal government’s plans to introduce stronger passenger protections and an airline ombudsman.</p> <p>The release of its <a href="https://www.infrastructure.gov.au/infrastructure-transport-vehicles/aviation/aviation-white-paper">policy white paper</a> is imminent. The paper covers aviation issues including competition between airports and airlines, the sector’s environmental impact and better mechanisms for consultation.</p> <p>After years of opposition, <a href="https://www.travelweekly.com.au/article/qantas-and-virgin-change-tune-on-aviation-ombudsman-ahead-of-white-paper-release/">Qantas and Virgin quietly fell in behind the idea in May</a>, signalling a deal is close to being announced.</p> <p>The ombudsman is designed to protect consumer rights in what is often monopolistic or quasi-monopolistic operating environments. With the exception of residents of southeast Queensland and the western suburbs of Melbourne, <a href="https://www.sciencedirect.com/science/article/abs/pii/S0967070X18302063">most Australians only have one airport from which to fly.</a></p> <p>This, coupled with an effective airline duopoly, can lead to higher prices and poorer service for consumers, the <a href="https://www.accc.gov.au/system/files/Airline%20competition%20in%20Australia%20-%20June%202023%20report.pdf">Australian Consumer and Competition Commission (ACCC)</a> has argued.</p> <p>The ACCC has been calling for better passenger rights for more than a decade. But its calls grew louder after it fined Qantas <a href="https://theconversation.com/qantas-has-finally-settled-its-ghost-flights-lawsuit-for-120-million-whats-next-229368">A$120 million for selling “ghost” flights in May</a>.</p> <p>Passengers did receive refunds, but the process was not easy compared to many overseas jurisdictions where compensation is automatic and based on distance travelled.</p> <p>Australia is rare among developed countries for not having automatic compensation if a flight is cancelled or delayed.</p> <h2>The EU model</h2> <p>The leader in air passenger rights, as in many areas of consumer protection, is the European Union. <a href="https://eur-lex.europa.eu/eli/reg/2004/261/oj">The EU Passenger Rights regulation</a> is 20 years old and now also applies to rail and bus passengers.</p> <p>The regulation favours the passenger and awards compensation <a href="https://www.airhelp.com/en-int/ec-regulation-261-2004/">of up to €600 (almost A$1,000) for delays or cancellations</a>. There are clauses for when a delay is unavoidable, but generally airlines have now built the scheme into their costs of doing business.</p> <p>The scheme is well publicised and in 2022, about <a href="https://schengen.news/8-million-passengers-affected-by-flight-cancellations-airport-strikes-are-eligible-for-compensation-of-up-to-e600/">eight million passengers were eligible for refunds</a>.</p> <p>Air passenger rights in the UK continued in the EU mould after Brexit and were even strengthened.</p> <p>But in a 2023 review into the UK scheme, <a href="https://www.gov.uk/government/consultations/reforming-aviation-consumer-policy-protecting-air-passenger-rights/outcome/response-to-the-aviation-consumer-policy-reform-consultation#chapter-3-compensation-for-delays-and-cancellations">some airlines argued</a> “private insurance was a better option for some passengers”, particularly those with disabilities.</p> <p>The same reasoning led to the removal of Australia’s previous consumer protection scheme for airline passengers, the <a href="https://www.travelmanagers.com.au/peaceofmind/#:%7E:text=The%20Travel%20Compensation%20Fund%20continued,and%20until%2030%20June%202014.">Travel Compensation Fund</a>, which refunded customers when airlines or travel agencies went bankrupt.</p> <p>The scheme was ended under the Abbott government in June 2014, with travellers told instead to take out their own travel insurance.</p> <p>Labor is expected to reintroduce an element of corporate responsibility for airline delays, not least since Brazil, Canada and Türkiye have also followed the EU’s lead.</p> <p>Brazil’s scheme is particularly generous, with up to R7,500 (A$1,950) available to passengers who have to pay for last minute accommodation if their flight is cancelled.</p> <p>Lawmakers there countered claims by airlines that low cost airline passengers could stay in cheaper hotels, by applying the compensation uniformly, regardless of travel class.</p> <h2>Popular with voters</h2> <p>Air passenger rights can be a vote winner, too. Before he withdrew his bid for reelection, US President Joe Biden trumpeted the <a href="https://www.transportation.gov/briefing-room/biden-harris-administration-announces-final-rule-requiring-automatic-refunds-airline">automatic airline compensation scheme</a> the US Department for Transportation will bring in this year.</p> <p>Until now, airline compensation was mandated by the states without coordinated processes meaning some airlines used vouchers, some credits and a few cash to compensate customers.</p> <p>Despite this, about <a href="https://www.transportation.gov/briefing-room/biden-harris-administration-announces-final-rule-requiring-automatic-refunds-airline">US$3 billion (A$4.6 billion)</a> in refunds have been issued to US passengers since 2020, including more than US$600 million to Southwest Airlines passengers alone.</p> <p>This was due to a serious scheduling crisis which forced the low-cost carrier to cancel almost 60% of its flights in the 2022 summer.</p> <p>By contrast, in Australia, air passengers have only had basic protections under <a href="https://consumer.gov.au/australian-consumer-law/legislation">consumer rights law</a> since deregulation in 2002.</p> <p>There is no guarantee of a seat or even flight the consumer purchased. This has led consumer advocates including <a href="https://www.choice.com.au/consumer-advocacy/policy/policy-submissions/2023/november/aviation-green-paper">Choice</a> to support calls for an airline ombudsman and automatic delay and cancellation compensation.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/235679/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/justin-wastnage-489752">Justin Wastnage</a>, Adjunct Industry Fellow, Griffith Institute for Tourism, <a href="https://theconversation.com/institutions/griffith-university-828">Griffith University</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/if-australia-had-an-aviation-ombudsman-passengers-could-get-compensation-for-cancelled-flights-235679">original article</a>.</em></p> </div>

Travel Trouble

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Flight cancelled after crew member loses it at passenger

<p>An Air Canada flight heading from Morocco to Montreal was cancelled on Friday after a flight attendant lost it at a passenger who reportedly requested a blanket. </p> <p>Viral footage of the incident showed a female flight attendant yelling: “You will behave or we will get off!” at a female passenger. </p> <p>“I’ll tell the captain right away. Yes or no?”</p> <p>When a passenger asked the flight attendant to call the captain, she refused and said: “I don’t want no bullying against my crew”.</p> <p>She then stormed up the aisle before she turned around and yelled: “Everyone behave! Be quiet … or you’re getting off.”</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Stress levels are quite high in the sky these days : An Air Canada flight from Casablanca (CMN) to Montreal (YUL) was canceled due to the inappropriate behavior of a flight attendant on July 26, 2024.</p> <p>The Airbus A330-343 aircraft (C-GHLM) did the taxi aiming a departure while… <a href="https://t.co/h3s4fbGF5A">pic.twitter.com/h3s4fbGF5A</a></p> <p>— FL360aero (@fl360aero) <a href="https://twitter.com/fl360aero/status/1817249195960455420?ref_src=twsrc%5Etfw">July 27, 2024</a></p></blockquote> <p>According to <em>CTV News</em>, the meltdown occurred after the passenger asked for a blanket. </p> <p>In a statement to the publication, Air Canada said the flight had been rescheduled for Saturday with a different crew. </p> <p>“We are taking this incident very seriously. It is under review, and we will take appropriate action,” the statement read.</p> <p>“It is under review, and we will take appropriate action. We apologise to our customers and deeply regret that their experience today fell far short of what they have come to expect when flying with Air Canada.”</p> <p>The airline has also offered compensation to all passengers affected by the delay. </p> <p><em>Images: X </em></p> <p> </p>

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Why Greg Lynn could walk free from prison

<p>Greg Lynn has applied to be freed from jail until his sentencing hearing over the murder of Carol Clay. </p> <p>The former Jetstar pilot, who was found guilty of murdering the 73-year-old while she was camping with her secret partner Russell Hill in March 2020, is appealing the guilty verdict which the jury came to after a weeks-long trial in June. </p> <p>The 57-year old appeared in the Supreme Court of Victoria on Friday where Justice Michael Croucher heard the convicted killer had been the victim of prison attacks during his six-week trial. </p> <p>The court heard Lynn's barrister Dermot Dann KC is in the process of compiling submissions calling on Justice Croucher to hold of on sentencing his client until an appeal over his conviction can be heard by the Court of Appeal. </p> <p>If granted, the "stay" of sentence could allow Lynn to apply for bail while his appeal goes through the court. </p> <p>The court also heard that Lynn had been placed in isolation within the Metropolitan Remand Prison for his own safety since the guilty verdict was read, but now fears he will be targeted by inmates at whatever prison he ultimately ends up in. </p> <p>Mr Dann said a successful appeal could result in Lynn being set free altogether without the possibility of a re-trial, due to doubts over whether he could obtain a fair trial because of the significant publicity surrounding the case and the murder conviction. </p> <p>"The chances of a fair re-trial are non-existent," Mr Dann said. </p> <p>The experienced barrister said any potential jurors would have been "polluted or poisoned" by the "inadmissible evidence" that has "flooded" news sites since the guilty verdict was delivered.  </p> <p>The court heard Mr Dann believed his client had multiple reasons to push for an appeal over his verdict, including the "unfair" way in which he claimed the Office of Public Prosecutions carried out the trial. </p> <p>Mr Dann reiterated to the court that his client has always maintained his innocence, saying, "He maintains that he's never killed any person at any time, at any place, anywhere, ever."</p> <div data-component="EmphasisedText"> <p>"The long-term future of that guilty verdict must be seen as being in grave doubt."</p> <p><span style="font-size: 16px; font-family: abcsans, -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif;">The case was adjourned until a pre-sentence hearing on September 12th. </span></p> <p><em><span style="font-family: abcsans, -apple-system, BlinkMacSystemFont, Segoe UI, Roboto, Helvetica Neue, Arial, sans-serif;">Image credits: Facebook</span></em></p> </div>

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