Summer of discontent hidden in fine print

Stowe says that in most cases airlines will provide a remedy, such as a refund or another flight.

However, consumers need to understand that terms and conditions clearly disclosed at the time of booking do have a bearing.

If, for example, an airline's terms and conditions state it has the right to reschedule the flight, the consumer may not be eligible for a refund.

Stowe says most travellers don't read the terms and conditions when they book, although they tick the box to say they have done so.

Another common complaint is dissatisfaction with the quality of hotels, holiday apartments and other accommodation.

Stowe says this can be a tricky issue because it is often subjective. "People have different visions about what their accommodation might be like," he says.

Stowe says a traveller has genuine cause for complaint when the accommodation is "significantly different" to how it was portrayed in a brochure or on the internet.

More clear-cut cases might include a room that is dirty, or has leaks or vermin.

Among the most common travel complaints are those about organisations that offer promotional vouchers or holiday deals without making clear the full conditions, such as restrictions on availability.

For schemes sold through telemarketing, Stowe says it is important for consumers to know they have a five-day cooling off period if they have agreed to something as a result of a "cold call".

The company must also provide the full terms and conditions attached to any offer it is making.

Stowe says consumers should ask questions and read the terms and conditions before signing up to any scheme or buying vouchers for travel. If they are unsure about an offer or have trouble redeeming a voucher, they can contact Fair Trading for assistance.

"We're always more than happy for people to come to us if they think they're being misled in some way," he says.

Stowe says an increasingly common travel problem arises from consumers dealing directly with suppliers, via the internet, rather than with intermediaries such as travel agents.

Travellers who do this should be aware they may not be entitled to compensation through the Travel Compensation Fund, he says.

And while using a credit card does allow for a charge-back if the goods are not provided, consumers should be very careful when providing their credit card details on the internet.

They should deal only with well-known businesses and should look for details of a fixed address or other methods of contact.

The Fair Trading Minister, Virginia Judge, says travellers dealing with Australian businesses will have greater protection under consumer law from January 1. She says the new legislation makes consumer guarantees automatic and adopts a national approach to unfair contract terms.

"The key issue is fairness," Ms Judge says. "Any contract term that is one-sided and favours the business over the consumer ... may be unfair.

"For example, if you had a term in a contract that allowed a supplier to make unilateral changes to the travel arrangements that had been agreed, such a term may be unfair."

Speak out or suffer in silence

IF YOU encounter a problem when travelling, it is always best to try to deal with it on the spot, rather than make a complaint later. I recently booked an airport hotel specifically because we wanted to use the pool, only to be told the pool was off limits because a photo shoot was under way. A complaint to the manager on duty about the pool — and rude staff — resulted in a sizeable discount on the room rate.

jane@janeefraser.com.au