Non-Economic Loss Now Part of Travel Complaints Scheme

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Law Cases


The Australian Travel Accreditation Scheme (ATAS) is an industry scheme that sets standards for signatory travel agencies and tour operators. ATAS is administered by the Australian Travel Industry Association (ATIA).

Under ATAS, businesses maintain a complaint handling process that is easy and free to access. Where complaints are unresolved, they can be escalated to the ATAS Complaints Appeals Committee (https://www.atas.com.au/complaint/), also known as ACAC.

The 2020 High Court decision of Moore v Scenic Tours confirmed that damages or compensation for “disappointment and distress” is available for breaches of Australian Consumer Law. This has set a crucial precedent for the travel industry regarding compensation for non-economic loss.

In response to this, ATAS has updated its Charter and ACAC terms of reference (https://www.atas.com.au/wp-content/uploads/2023/11/ATAS-Charter_2023.pdf), allowing for consideration of damages up to $1,500 per complaint where an ATAS participant’s breach of the Code of Conduct (https://www.atas.com.au/wp-content/uploads/2023/09/ATAS_CODE-OF-CONDUCT.pdf) has negatively impacted the complainant’s experience.

The ATIA considers that this approach helps prevent costly and time-consuming court matters for consumers and ATAS participants.

More information about the ATAS Complaints Appeals Committee, including monthly reports of complaints and data about refunds to customers, is found here (https://afta.com.au/ATAS-Accreditation/Scheme-Governance/ATAS-Complaint-Appeal-Committee-ACAC).