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.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
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 as a PDF for a flat $49
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.
Send a formal Letter of Demand. Done in about 5 minutes.
No card until the end. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.