Your rights under the Australian Consumer LawYour rights under New Zealand consumer law
Consumer guarantees apply to the travel services we sell you. They sit on top of the airline's fare rules and cannot be excluded, restricted or modified by anything in a contract — including ours.The Consumer Guarantees Act and the Fair Trading Act apply to the travel services we sell you. Where you buy for personal use, those rights cannot be contracted out of — including by us.
On this page
01The guarantees that apply
Under the Australian Consumer Law, services supplied to you come with automatic guarantees that they will be:
- provided with due care and skill;
- fit for the particular purpose you told us about; and
- supplied within a reasonable time where no time is agreed.
These guarantees apply to our services as your travel agent, and separately to the airline's services as the carrier.
What this means in practice
If we book you on the wrong date, misdescribe a fare's conditions, or fail to pass on a schedule change we were told about, that is a failure of our guarantee and we are responsible for putting it right.
If the airline cancels your flight, that is a failure of the airline's guarantee. We will pursue it with them on your behalf at no charge, but the remedy comes from them.
Under the Consumer Guarantees Act 1993, services supplied to you come with automatic guarantees that they will be:
- carried out with reasonable care and skill;
- reasonably fit for the particular purpose you made known;
- completed within a reasonable time; and
- charged at a reasonable price where no price is fixed.
These guarantees apply to our services as your travel agent, and separately to the airline's services as the carrier.
What this means in practice
If we book you on the wrong date, misdescribe a fare's conditions, or fail to pass on a schedule change we were told about, that is a failure of our guarantee and we are responsible for putting it right.
If the airline cancels your flight, that is a failure of the airline's guarantee. We will pursue it with them on your behalf at no charge, but the remedy comes from them.
02What you are entitled to when something goes wrong
The remedy depends on how serious the failure is.
Minor failure
The supplier may choose to fix the problem — for example by rebooking you on a later flight the same day. If they refuse, or take too long, you can have it fixed elsewhere and recover reasonable costs.
Major failure
A failure is major if you would not have bought the service had you known about it, or it is substantially unfit for its purpose. Then you choose the remedy: cancel and get a refund, or keep the service and claim compensation for the drop in value.
In either case you may also recover reasonably foreseeable consequential loss — for example a non-refundable hotel night lost because a flight was cancelled.
"Non-refundable" does not override this
An airline cannot rely on a fare rule to deny you a remedy the ACL gives you. The ACCC has repeatedly warned airlines about blanket "no refund" statements and taken enforcement action over them — including a Federal Court penalty against Webjet in 2025. If you are told a cancelled flight is non-refundable because of the fare type, tell us.
Under the Consumer Guarantees Act the remedy depends on whether the failure can be fixed.
Failure that can be remedied
You can require the supplier to fix it within a reasonable time. If they refuse or take too long, you may have it fixed elsewhere and recover reasonable costs, or cancel and obtain a refund.
Failure of a substantial character
Where the failure is substantial, you choose: cancel the contract and obtain a refund, or keep the service and claim compensation for the reduction in value.
You may also claim damages for reasonably foreseeable consequential loss — for example a non-refundable hotel night lost because a flight was cancelled.
"Non-refundable" does not override this
Where you acquire travel for personal use, the CGA cannot be contracted out of. A fare rule saying "non-refundable" does not remove a right the Act gives you when the service was not supplied with reasonable care and skill.
03Misleading conduct and pricing
Section 18 of the Australian Consumer Law prohibits misleading or deceptive conduct, and section 29 prohibits false or misleading representations about price.
We take one specific obligation seriously because our industry has a poor record on it: the single total price must be shown prominently, at the earliest opportunity. Advertising a fare "from A$X" when compulsory fees make the real minimum higher is unlawful "drip pricing", and the ACCC has obtained penalties against airlines and online travel agents for it — including a Federal Court penalty against Webjet in 2025.
Our commitment on price
Every price on this site is the all-inclusive total for the passengers you have entered, including all taxes, carrier charges, our service fee and 10% GST. No compulsory fee is added later in the booking, and no card surcharge is applied. If you ever see otherwise on this site, it is a bug — tell us and we will honour the price displayed.
The Fair Trading Act 1986 prohibits misleading and deceptive conduct and false representations about price.
We take one specific obligation seriously: the single total price must be shown prominently and early. Advertising a headline fare that compulsory fees later inflate is misleading, and the Commerce Commission enforces against it.
Our commitment on price
Every price on this site is the all-inclusive total for the passengers you have entered, including all taxes, carrier charges, our service fee and 15% GST. No compulsory fee is added later in the booking, and no card surcharge is applied. If you ever see otherwise on this site, it is a bug — tell us and we will honour the price displayed.
04Unfair contract terms
Part 2-3 of the Australian Consumer Law makes unfair terms in standard form consumer and small business contracts void. Since November 2023, proposing, applying or relying on an unfair term is itself a contravention attracting substantial civil penalties.
A term is unfair if it would cause a significant imbalance in the parties' rights, is not reasonably necessary to protect our legitimate interests, and would cause detriment if relied on.
We review our booking terms against that test. In particular we do not include terms that let us change the price after ticketing, cancel without a refund, or penalise you for a change while leaving us free to make the same change without consequence.
If you think one of our terms is unfair, write to support@kiwiflights.co.nz and tell us which one and why. We will give you a reasoned answer.
The Fair Trading Act 1986 allows a court to declare a term in a standard form consumer contract unfair, after which it cannot be enforced or relied on.
A term is unfair if it would cause a significant imbalance in the parties' rights, is not reasonably necessary to protect our legitimate interests, and would cause detriment if relied on.
We review our booking terms against that test. In particular we do not include terms that let us change the price after ticketing, cancel without a refund, or penalise you for a change while leaving us free to make the same change without consequence.
If you think one of our terms is unfair, write to support@kiwiflights.co.nz and tell us which one and why. We will give you a reasoned answer.
05Airline liability under the Montreal Convention
For international flights, the airline's liability for death or injury, delay, and baggage is set by the Montreal Convention 1999, given effect in Australia by the Civil Aviation (Carriers' Liability) Act 1959 (Cth).
| What happened | Airline liability |
|---|---|
| Death or bodily injury | Strict liability up to approximately 151,880 SDR; above that, the airline is liable unless it proves it was not negligent |
| Delay to passengers | Up to approximately 6,303 SDR, unless the airline proves it took all reasonable measures |
| Baggage lost, damaged or delayed | Up to approximately 1,519 SDR per passenger |
SDR is the IMF Special Drawing Right; the AUD equivalent moves daily. Limits are reviewed every five years. Claims for baggage must be made to the airline in writing within 7 days of receipt (damage) or 21 days (delay).
These limits bind the airline whatever our terms say. They do not limit your rights against us for our own failures.
For international flights, the airline's liability for death or injury, delay, and baggage is set by the Montreal Convention 1999, given effect in New Zealand by the Carriage by Air Act 1967.
| What happened | Airline liability |
|---|---|
| Death or bodily injury | Strict liability up to approximately 151,880 SDR; above that, the airline is liable unless it proves it was not negligent |
| Delay to passengers | Up to approximately 6,303 SDR, unless the airline proves it took all reasonable measures |
| Baggage lost, damaged or delayed | Up to approximately 1,519 SDR per passenger |
SDR is the IMF Special Drawing Right; the NZD equivalent moves daily. Limits are reviewed every five years. Claims for baggage must be made to the airline in writing within 7 days of receipt (damage) or 21 days (delay).
These limits bind the airline whatever our terms say. They do not limit your rights against us for our own failures.
06Aviation-specific protections
Australia does not currently have an EU-style fixed compensation scheme for flight delays and cancellations. Your protection comes from the Australian Consumer Law and the airline's own conditions of carriage.
This is changing
The Aviation Consumer Protection Bill 2026 was introduced to Parliament on 1 April 2026 and would establish an Aviation Consumer Protections Charter setting minimum standards for airlines and airports, an Aviation Consumer Protection Authority to enforce it, and an independent Aviation Consumer Ombudsperson to resolve complaints.
As at the date of this document the scheme has not commenced and the Charter is still being made. An interim ombudsperson has been appointed within the Department of Infrastructure but has no formal investigative or resolution powers. Until the scheme starts, use the complaint channels in section 8 below.
We will update this page when the Charter commences and will apply it from day one.
New Zealand does not have a fixed compensation scheme for flight delays and cancellations. Your protection comes from the Consumer Guarantees Act, the Fair Trading Act, and — for domestic carriage — Part 8 of the Civil Aviation Act, which provides for limited compensation for delay on domestic flights.
For international carriage, the Montreal Convention limits above apply.
07Where to get independent help
- Australian Competition and Consumer Commission (ACCC) — accc.gov.au · 1300 302 502. Handles systemic issues; does not resolve individual disputes.
- Your state or territory consumer affairs agency — NSW Fair Trading, Consumer Affairs Victoria, Office of Fair Trading QLD, Consumer Protection WA, and equivalents. These do handle individual disputes and offer free conciliation.
- Tribunals — NCAT, VCAT, QCAT and equivalents hear small consumer claims cheaply and without lawyers.
- Aviation Consumer Ombudsperson — once the scheme commences, for complaints about airlines and airports.
- Commerce Commission New Zealand — comcom.govt.nz · 0800 943 600. Handles systemic issues; does not resolve individual disputes.
- Consumer Protection (MBIE) — consumerprotection.govt.nz · 0800 943 600.
- Citizens Advice Bureau — cab.org.nz · 0800 367 222. Free, independent advice.
- Disputes Tribunal — claims up to NZ$30,000, no lawyers, low filing fee.
§Contacting us about this document
KiwiFlights NZ Limited · NZBN 9429 0512 8874
Unit 205, 26 Morningside Drive, Morningside, Auckland, 1025, NZ
support@kiwiflights.co.nz · +64-800-700-093 (within New Zealand) · +64-800-700-093 (international)
This page describes the New Zealand trading entity. If you booked in the other market, switch the jurisdiction above — the contracting entity, currency and governing law are different.
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