You paid a travel agent. The booking didn’t happen, the dates were wrong, the package excluded what was promised, or the agent collapsed your trip by missing a deadline. The agent is now blaming the airline, the hotel, or you.
The legal context
Travel agents in Australia owe their clients a duty of due care and skill under section 60 of the Australian Consumer Law. Where the agent’s conduct caused the loss — whether by error, omission, misrepresentation or failure to remit funds — the agent is directly liable. Section 18 also bites where the agent misrepresented the package or its inclusions.
The previous Travel Compensation Fund no longer exists, which means agents carry the liability themselves. Many are members of AFTA’s ATAS scheme, which has a complaints process — but the legal claim runs under the ACL.
Common pushbacks and why they fail
- “It was the supplier’s fault.” The agent owed you the duty of care; they can chase the supplier separately.
- “Service fees are non-refundable.” Service fees paid for a service the agent failed to deliver are recoverable.
- “You should have checked the confirmation.” Reasonable reliance on the agent’s expertise is the entire point of using one.
- “We’re just a booking platform.” If the agent took your money and held themselves out as advising you, they are an agent, not a passive platform.
The Letter of Demand approach
A Letter of Demand sets out the booking, the agent’s specific failure, the loss suffered (refund of fees plus consequential loss), the ACL sections breached, and a 14-day deadline. It names the ATAS complaints process, state Fair Trading, and your state tribunal as the escalation path.
What Claim Done delivers
- Agent details, booking references, amounts paid
- The specific failure and the loss suffered
- Citation of ACL sections 18 and 60
- A clear refund amount and deadline
- Escalation path named
- Sent on letterhead for a flat $79
What to expect after
If the agent ignores the letter, the next moves are an ATAS complaint (where the agent is accredited), your state Fair Trading body, and a small claims application in NCAT, VCAT, QCAT or your state’s equivalent. Most agents settle once a formal letter is on file.