Travel Agent or Tour Company Won’t Refund? How to Get Your Money Back (Australia 2026)
Last updated · Reviewed by the Claim Done team · Not legal advice
Usually yes, if the trip was cancelled, changed in a major way or not delivered as sold, and the cause wasn’t your change of mind or a government restriction. The Australian Consumer Law applies whether you booked with the tour company directly, through a travel agent or on a booking site, and both the agent’s and the supplier’s terms apply. The old Travel Compensation Fund no longer covers new bookings, so act quickly: write to the agent and supplier, send a formal refund demand, escalate, send a final demand, then file at the tribunal.
Can you get your money back from a travel agent or tour operator?
A holiday package, guided tour, cruise or travel booking is a service, and the Australian Consumer Law (ACL) gives you automatic guarantees with it: the service must be provided with due care and skill (s 60), be fit for any purpose you made known (s 61), and be supplied within a reasonable time (s 62). The ACCC says these guarantees apply whether you booked directly with an airline, cruise line or tour operator, “through a travel agent”, or through “a booking platform or travel package provider”.
When something goes wrong, there are usually two businesses in the picture:
- The supplier (the ACCC calls it the “primary travel service provider”): the tour company, cruise line, airline or hotel that actually delivers the trip.
- The agent or booking site that sold it to you and took your money.
The ACCC says both businesses’ terms and conditions apply. It also says something agents often quote back at customers: agents are usually bound by the supplier’s terms and “may only need to pass on to consumers the remedy that is offered by the primary travel service provider”. In practice that means:
- If the supplier cancelled or failed to deliver, your main claim is against the supplier, and the agent must pass on whatever refund the supplier gives.
- If the agent got it wrong, for example booked the wrong dates, failed to pass on your payment, gave you wrong advice about visas or cancellation terms, or sold you a trip that didn’t match what was described, the agent’s own service failed and your claim is against the agent. When licensing ended, the Western Australian Government summed up the position: under the ACL, travel services must be as described or advertised, and an agent must work with an acceptable level of skill, otherwise the customer is entitled to a refund, compensation or to have the service provided again.
- If you can’t tell which one is at fault, write to both. Make each explain in writing where your money is and what the supplier offered.
What the agent or tour company can’t do
- Rely on “no refunds” terms when they failed. The ACCC says it’s illegal for businesses to rely on terms and conditions that deny your consumer guarantee rights. Any term that tries to exclude the guarantees is void (s 64).
- Force a credit on you when you’re entitled to a refund. Where the trip isn’t provided within a reasonable time, the ACCC says the provider must give you the choice of a replacement or a refund. A credit is an offer, not an obligation.
- Change the trip in a major way and keep your money. The ACCC says a material change to a service you’ve paid for is likely to give you the remedies for a major problem, and businesses should ask for your consent and refund customers who don’t agree.
- Hide part of the price. If a business advertises part of the price of a consumer service, it must also show the total price prominently as a single figure (s 48). In 2023 the Federal Court ordered a booking platform, Airbnb, to pay $15 million in penalties for showing Australian users prices that were actually in US dollars.
- Escape Australian law with an overseas address. The ACL reaches conduct outside Australia by companies that carry on business here (Competition and Consumer Act s 5), and a contract term choosing foreign law can’t remove the consumer guarantees where Australian law would otherwise apply (ACL s 67).
When you are not entitled to a refund
The ACCC says the guarantees don’t give you a refund if you change your mind or miss the service for reasons unrelated to it, or where a third party stops the business delivering. Its examples are government travel restrictions during COVID-19 and a 4WD tour that couldn’t run because a state government closed a park on a high fire-danger day. In those cases your booking terms decide, including any “force majeure” clause, and travel insurance may help.
The most common problems with travel agents and tour operators
- Tour cancelled, only a credit offered. Claim: a refund if no reasonable replacement is offered. Say in writing you choose the refund.
- Agent says “the supplier hasn’t refunded us yet”. Claim: ask the agent to confirm in writing what the supplier offered and when it was paid, and write to the supplier directly. If the supplier has paid the agent, the agent must pass it on.
- Agent kept a hefty cancellation fee on a supplier-cancelled trip. Claim: ask the agent to show which term allows it and what service it actually provided. Where the cancellation wasn’t your doing, challenge any deduction in your demand letter.
- Trip changed after you paid. Different ship, different itinerary, a “similar” hotel. Claim: if the change is material, cancel and get a refund, or keep the trip and claim a price reduction.
- Not as advertised. A “boutique” tour with 40 people, an “all-inclusive” resort that charged for drinks. Claim: a partial refund for the shortfall, or a full refund if the failure was major, plus misleading conduct (ACL ss 18 and 29).
- Agent booking error. Wrong dates, misspelled names, a missed connection the agent built into the itinerary. Claim: the cost of fixing it, against the agent, under the due care and skill guarantee.
- Wrong advice about visas, insurance or cancellation terms. Claim: the foreseeable loss the advice caused, against the agent.
- Overseas tour company stopped answering. Claim: through the Australian agent if you used one, by chargeback through your bank, and through travel insurance. See the overseas section below.
- Booking site charged more than the price shown. Currency surprises, fees added at the end. Claim: a refund of the difference.
- Agency or operator collapsed. Claim: chargeback first, then any insurance; lodge a claim with the liquidator if one is appointed. There’s no government fund for new bookings (see below).
Travel industry rules that matter
The Travel Compensation Fund no longer protects new bookings
Many people still believe there’s a government fund that pays out when a travel agent goes broke. There was. It isn’t there for travel bought today. State travel agent licensing was dismantled across Australia in 2014. Western Australia’s announcement of 7 October 2014 said the Travel Compensation Fund was only accepting claims for travel paid for before 1 July 2014 and would be wound down by late 2015. Since then, consumer protection for travel bookings comes from the ACL, your card provider, insurance and voluntary industry accreditation.
Industry accreditation (ATIA)
The Australian Travel Industry Association (ATIA) accredits travel agents and runs an independent complaints process for agents it accredits. The federal transport department’s complaint guidance points travellers to it, and notes that not all agents are accredited. If your agent displays ATIA accreditation, you can lodge a complaint with ATIA as well as using the steps below. It’s an industry scheme, not a regulator or court, so it can’t order a refund the way a tribunal can.
Agents based overseas
For complaints about travel agents based in other OECD countries, the transport department refers people to the Australian National Contact Point for Responsible Business Conduct. Be realistic: a foreign company with no business in Australia may ignore an Australian tribunal order, and enforcing it overseas is hard. For those bookings, your card provider and your insurer are often the faster route.
Card chargebacks
If you paid by card and didn’t get what you paid for, ASIC’s Moneysmart says your bank may be able to give you a chargeback. The ACCC notes debit cards may have different chargeback rights from credit cards. A chargeback reverses the payment through the card system. It’s often the only practical route when an overseas operator or a collapsed business won’t respond. Ask your bank as soon as the trip is cancelled or the business stops answering, and give it your booking, the cancellation notice and your correspondence. If you paid through PayPal, use PayPal’s dispute process.
Flights inside a package
If the problem is a cancelled or delayed flight, or a lost bag, see our airline page: flight disruptions and baggage have their own rules and deadlines, and Australia’s aviation ombuds scheme isn’t law yet.
What you can claim
- A full refund for a trip the supplier cancelled and didn’t replace within a reasonable time, to the card you paid with.
- A partial refund for the part of the trip that wasn’t provided or was materially different, if you went ahead with it.
- The cost of fixing the agent’s mistake: rebooking fees, fare differences, extra nights.
- Reasonably foreseeable loss: non-refundable flights or hotels booked around a tour that was cancelled, visa fees wasted because of wrong advice. The ACCC says compensation should put you back where you’d have been.
- Any fee the agent deducted without a proper basis, where the cancellation wasn’t your doing.
Example (round numbers, for illustration only): you pay an Australian agent $6,000 for a 10-day guided tour in Japan, plus $1,400 for flights you booked yourself to match the tour dates. A month before departure the tour company cancels and offers a credit valid for 12 months. The agent offers to pass on the credit less a $300 “amendment fee”. You don’t want to travel next year. You could claim the $6,000 from the supplier, with the agent passing it on in full (no $300 deduction for a cancellation you didn’t cause), plus any non-refundable part of the $1,400 flights as a foreseeable loss, depending on the facts. List each amount and attach receipts.
Evidence to gather
- Your booking confirmation, itinerary and invoices from both the agent and the supplier, and proof of payment (card statement or receipt).
- The agent’s terms and conditions and the supplier’s terms (download them now; websites change).
- The brochure, web page or email describing the trip, and any written advice the agent gave you about visas, insurance or cancellation.
- The cancellation or change notice, with the reason given, and the date you received it.
- Every offer made: credit, replacement trip, partial refund, and your replies.
- Anything showing when the supplier paid or refunded the agent (ask the agent to confirm in writing).
- Receipts for connected costs: flights, hotels, transfers, visas, insurance excess.
- Photos or video showing the trip wasn’t as described, with dates and locations.
- The agent’s and supplier’s legal names and ABN or company number (on the invoice or the ABN Lookup), and any accreditation logo shown.
How to get your money back: 5 steps
Step 1: Tell the agent and the supplier in writing what went wrong and what you want
Email both. Give the booking reference, what happened, and what you want: “a full refund of $X to my card within 5 business days” or “a refund of $X for the two days of the tour that weren’t provided”. Ask the agent to confirm in writing what the supplier has offered or paid. If you’ve been offered a credit you don’t want, say clearly that you choose a refund. Our guide on how to write a letter of demand shows what to include.
Step 2: No answer, a refusal or “credit only”? Send a formal refund demand
Our Travel Refund Demand is drafted from your booking and addressed to the right business: the supplier, the agent, or both. It sets out the guarantees, the ACCC’s position on refunds versus credits, the agent’s duty to pass on what the supplier pays, the amount itemised, and a 14-day deadline. It’s the written demand a tribunal expects to see before you file. The general Letter of Demand ($49) is a fallback for disputes that aren’t about travel.
Send a Travel Refund Demand – $49
Step 3: Complain to Fair Trading (and ATIA if the agent is accredited)
There’s no travel ombudsman. Lodge a complaint with the consumer regulator in the state where the agent or operator is, attaching your demand letter. These services are free and can contact the business, but they can’t order a refund. If the agent is ATIA-accredited, lodge with ATIA too. If you paid by card, start the chargeback with your bank at the same time; don’t wait for the regulator.
- NSW: NSW Fair Trading, 13 32 20, online complaint form.
- VIC: Consumer Affairs Victoria, 1300 55 81 81, general complaint form.
- QLD: Office of Fair Trading, 13 QGOV (13 74 68), make a consumer complaint.
- ACT: Access Canberra, 13 22 81, get help with a consumer issue.
- NT: NT Consumer Affairs, 1800 019 319 or 08 8999 1999, conciliation request.
- WA: Consumer Protection, 1300 30 40 54, complaints.
- SA: Consumer and Business Services, 131 882, contact CBS.
- TAS: Consumer Affairs Tasmania, 1300 654 499, enquiry and complaint form.
Step 4: Still unpaid? Send the final demand
The final demand quotes your first letter, the business’s reply, and any Fair Trading, ATIA or bank reference, and says you’ll file without further notice. In South Australia the courts say a final notice should be given and 21 days allowed before filing, or you may not recover your filing costs.
Step 5: File at the tribunal or court in the business’s state
File against the Australian agent, the supplier if it carries on business in Australia, or both, in the state where the business is. Name each business by its legal name, not its trading name. Our Hearing Bundle ($97) organises the itinerary, terms, offers and receipts into evidence if the claim is defended. In WA, SA and Tasmania the claim goes to the Magistrates Court and the same product prepares your court claim.
Prepare your tribunal application – $97
Where your claim goes in each state
The forum is in the state where the agent or operator is, not where you live or where the trip was.
| State | Forum | Money limit | Link |
|---|---|---|---|
| NSW | NCAT, Consumer and Commercial Division (consumer claims) | $100,000 | NCAT consumer claims |
| VIC | VCAT, Civil Claims (goods and services) | No cap | VCAT goods and services |
| QLD | QCAT minor civil dispute (consumer and trader) | $25,000 | QCAT consumer and trader disputes |
| ACT | ACAT civil disputes | $25,000 | ACAT civil disputes |
| NT | NTCAT small claims (Local Court above $25,000) | $25,000 | NTCAT applications |
| WA | Magistrates Court, consumer/trader claim (minor case up to $10,000) | $75,000 | WA consumer/trader claims |
| SA | Magistrates Court (minor claim up to $12,000) | $100,000 | CourtSA civil cases |
| TAS | Magistrates Court, Civil Division (minor civil claim up to $15,000) | $50,000 | Magistrates Court civil disputes |
Filing fees change each year and depend on how much you claim and whether you hold a concession card, so check the current fee on the tribunal or court’s own fees page (linked in the table) before you file.
The interstate rule. In NSW and VIC, if the agent or operator is an individual or sole trader living in another state, NCAT or VCAT can’t decide the claim (Burns v Corbett [2018] HCA 15) and it goes to court instead. Companies aren’t affected. QCAT in Queensland currently hears these claims, because the Queensland Court of Appeal has held it is a court (Owen v Menzies [2012] QCA 170), although two appeals challenging that are pending. Some small agencies and tour guides trade as sole traders, so check the ABN Lookup before you file.
Time limits. NCAT says to apply within 3 years of when the problem began; VCAT says generally within six years. Don’t wait that long to ask your bank about a chargeback: ask as soon as the trip is cancelled.
After you win: getting paid
If the agent or operator doesn’t pay by the date in the order, it can be enforced. In most states the order is registered or filed with the court and enforced as a judgment: a garnishee order on the business’s bank account, seizure and sale of property, or an examination of the business about its finances. If the business has gone into liquidation, ask the liquidator how to lodge a claim as a creditor.
Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.
| State | How the order becomes enforceable | Garnishee: bank account and wages | Other options |
|---|---|---|---|
| NSW | Get a certified copy of the NCAT order (no fee) and register it with the Local Court (filing fee applies) | Yes: Form 69 with Form 70 (bank) or Form 71 (wages); no filing fee | Writ for the levy of property (Forms 65, 66); examination notice (Form 51 or 52) |
| VIC | Ask VCAT to have the order recorded at the Magistrates’ Court | Yes: attachment of debt (Form 71A or 71B); attachment of earnings (Forms 72A, 72B, with a hearing) | Warrant to seize property (Form 68A); oral examination (Form 67A); instalment order |
| QLD | File the QCAT order and an affidavit with a court (the Magistrates Court up to $150,000) within six years; free | Yes: enforcement warrant for redirection of debt (Form 76 or 77) or of earnings (Form 78), with Forms 9 and 74 | Seizure and sale (Form 75); enforcement hearing |
| ACT | File the sealed ACAT order and an affidavit in the Magistrates Court, serve Form 2.49, wait 7 days | Yes: debt redirection (Form 2.62 or 2.63); earnings redirection (Form 2.64) | Seizure and sale (Form 2.59); enforcement hearing (Forms 2.50, 2.51) |
| NT | Register the NTCAT order with the Local Court (certified copy and affidavit; no fee) | Yes: attachment of debts order; attachment of earnings order with a protected earnings rate | Warrant of seizure and sale; examination summons; charging order |
| WA | Already a court judgment; apply with Form 6 and the fee | Yes: debt appropriation order (Form 6, Form 2 affidavit); earnings appropriation order (individuals only, after an instalment order is broken) | Property (seizure and sale) order; means inquiry |
| SA | Already a court judgment; start through CourtSA, Enforcement tab | Yes: garnishee order (draft Form 148); wages protected to 90% of the weekly national minimum wage | Warrant of sale (Form 163); investigation or examination summons |
| TAS | Already a court judgment; file enforcement process at the registry ($49) | Yes: provisional, then final, garnishee order attaching a debt or earnings | Warrant to sell property; judgment summons and oral examination |
Questions people ask
My tour was cancelled. Do I have to accept a credit?
Not if the tour company cancelled and didn’t offer a reasonable replacement. The ACCC says the provider must give you the choice of a replacement or a refund. A credit is an offer you can turn down. Put your choice in writing. If they won’t pay, our Travel Refund Demand sets out the law with a 14-day deadline.
Who’s responsible, the travel agent or the tour company?
Usually the tour company for a cancelled or failed trip, and the agent for its own mistakes. The ACCC says both businesses’ terms apply and agents may only need to pass on what the supplier offers. Write to both so neither can point at the other, and ask the agent to confirm in writing what the supplier has paid.
Does the Travel Compensation Fund still exist?
Not for travel bought today. The fund was closed to claims for travel paid for from 1 July 2014, when state licensing of travel agents ended, and was being wound down by late 2015. If an agent or operator collapses now, your options are a card chargeback, travel insurance and a claim to any liquidator.
Can a travel agent keep a cancellation fee when the supplier cancelled?
Ask the agent to identify the term that allows it and what work the fee covers. Where you didn’t cause the cancellation, a deduction that leaves you worse off is worth challenging, because terms can’t exclude your guarantee rights. Put the challenge in your demand letter and ask for the fee back by a deadline.
The tour operator is overseas. Can I still claim?
Sometimes. The ACL reaches companies that carry on business in Australia even for conduct overseas, and a foreign-law clause can’t remove the guarantees where Australian law would otherwise apply. If the operator has no Australian presence, claim through the Australian agent you paid, your bank’s chargeback process and your travel insurance.
How do I get a chargeback on a holiday I paid by card?
Contact your bank or card provider, say you paid for a trip you didn’t receive, and give them the booking, cancellation notice and your emails with the business. Moneysmart says your bank may be able to give you a chargeback. The ACCC notes debit card rights can differ from credit card rights. Ask as soon as you can.
The trip went ahead but wasn’t what was advertised. What can I claim?
A partial refund reflecting what you didn’t get, or a full refund if the failure was major, plus misleading conduct if the description was false. Gather the brochure or listing, photos and dates. Our Travel Refund Demand itemises the shortfall and sets a deadline.
Is there a travel ombudsman in Australia?
No. Complaints about travel agents and tour operators go to your state Fair Trading or consumer affairs agency, which can’t order refunds, and to ATIA if the agent is accredited. A binding decision comes from a tribunal or court. For flights, an aviation ombuds scheme is planned but not yet law.
I booked on an overseas booking website. Do Australian rights apply?
The ACCC says consumer guarantees apply when you book through a booking platform, and the ACL reaches companies carrying on business in Australia. The ACCC has taken a foreign-registered platform to court here: Airbnb’s Irish company was ordered to pay $15 million in penalties in 2023 over misleading prices shown to Australian users.
Can I cancel a tour because I changed my mind?
Not as a consumer guarantee right. The ACCC says change of mind isn’t covered. Your booking terms decide what you get back, and travel insurance may cover some reasons for cancelling, such as illness. Read both before you cancel, and ask the agent to confirm the cancellation charges in writing.
The agent gave me wrong advice about my visa. Can I claim?
Possibly, against the agent. An agent must provide its services with due care and skill (ACL s 60). If you relied on its advice and lost money as a foreseeable result, such as forfeited bookings, you can claim that loss. Get the advice in writing if you can, and set out the chain of events in your demand.
Sources
Checked 19 October 2026.
- Competition and Consumer Act 2010, compilation 167: s 5; Schedule 2 (Australian Consumer Law) ss 18, 29, 48, 60-62, 64, 67, 267, 268
- ACCC: Travel delays and cancellations
- ACCC: Repair, replace, refund, cancel
- ACCC: Claiming compensation
- ACCC: Airbnb to pay $15m in penalties (20 December 2023)
- WA Government: WA travel industry deregulated (7 October 2014)
- Department of Infrastructure: Making a complaint (travel agents, ATIA)
- Moneysmart: Online shopping safety (chargebacks)
- ACCC: Buying tickets to events (card chargebacks)
- NCAT fees, VCAT goods and services fees, QCAT fees, ACAT fees, NTCAT fees, WA Magistrates Court fees, SA Magistrates Court fees, Tasmanian Magistrates Court fees
Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.