Tour Operator Cancelled and Refused a Refund? Letter of Demand (Australia)

You booked a tour. The operator cancelled it — citing low numbers, weather, staffing, or simply rescheduling without your agreement. They offered a credit valid for 12 months. You paid in cash. You want cash back.

The legal context

Tour operators selling to Australian consumers must comply with the Australian Consumer Law (ACL). Section 60 requires due care and skill. Section 61 requires fitness for purpose. When the operator cannot supply the tour you paid for, that is typically a major failure, and the choice of remedy — refund, equivalent replacement, or compensation — is yours, not theirs.

Common pushbacks and why they fail

• “Our T&Cs only allow a credit.” Terms cannot override the ACL.
• “It was outside our control.” The cause does not extinguish the refund right when you cannot use a credit you did not bargain for.
• “You can rebook for any future date.” A credit with restrictions is not equivalent to the original service.
• “Deposits are non-refundable.” Non-refundable applies to your change of mind, not their cancellation.

The Letter of Demand approach

A Letter of Demand sets out the booking, the operator’s cancellation, the ACL provisions breached, the refund claimed, and a 14-day deadline. It names the next step: state Fair Trading, then small claims tribunal. Operators with ongoing trading reputations rarely want a tribunal hearing on the public record.

What Claim Done delivers

• Tour details, booking reference, dates, amount paid
• The cancellation and what was offered
• Citation of ACL sections 60 and 61
• The refund amount
• 14-day deadline with escalation path
• Sent as a PDF for a flat $49

What to expect after

If not, escalate to your state’s Fair Trading office and file in NCAT, VCAT, QCAT, SACAT, SAT, ACAT or NTCAT. The Letter of Demand sets the foundation for everything that follows.