Nik’s flight made an emergency landing in Azerbaijan. Now he’s unsure if he’ll be fully compensated

Nik Long was one of the passengers on a Qantas flight forced to make an emergency landing. He says Australians are at a disadvantage when it comes to claiming compensation for flight delays.

Closeup of a man in snow gear surrounded by snow.

Nik Long, a passenger on the Qantas plane which made an emergency landing in Azerbaijan, made it to his ski trip after three days but hopes he'll be compensated. Source: Supplied

Nik Long wasn't too bothered when the captain of his London-bound flight made an .

He knew safety came first when smoke was detected in the cargo hold, in what is now believed to be a sensor error.

"The captain told us 'I'd rather be on the ground wishing I was in the air than in the air wishing I was on the ground,'" he said.

But Mr Long's understanding of the "unprecedented" circumstance waned when delays continued.

"It took a long time just to figure out what was going on. Unless you were on the ground talking to the staff, you didn’t really know," he said.

"I think people are understanding but being proactive with communication would have helped a lot."
A picture of a queue with people.
Nik Long said he wished Qantas staff were more proactive with communication.
The recovery aircraft, which flew 16 hours from Sydney to the Azeri capital Baku to pick up stranded passengers, experienced further delays before taking off. And when they finally arrived at Heathrow Airport, their luggage wasn't waiting for them after a "rookie error".

"It turned out the bags hadn't been retagged so they'd all been put in a holding area ... We've probably got half of our luggage (currently)."

He said following the incident he’ll be getting in touch to see what Qantas can do to compensate him and his family who currently stand to lose thousands of dollars by missing three days of their ski trip. He hopes travel insurance will cover it.

"I think in Australia, we're definitely at a disadvantage compared to Europe. In Europe, you know where you stand, there’s automatic compensation.

"In Australia, it’s definitely harder."
A crowd of people in a hotel lobby.
Stranded passengers waited in the lobby of the hotel in Azerbaijan for information on when their rescheduled flight would leave. Source: Supplied / Nik Long
In a statement following the incident, Qantas said: "We have apologised and thank them for their patience while we finalised the recovery plans. They have spent the night at the Marriott Hotel and been provided meals and transport."

Qantas added that regular updates were given during the event.

What does the EU compensate its air passengers?

The European Union's dictates what airlines owe passengers in the event of flight delays or cancellations. It applies to all flights departing from the EU and all EU airlines travelling within or outside the region.

Mr Long's flight departing from Sydney via Singapore and Azerbaijan on an Australian airline is not captured by the scheme.

Under the scheme, you have the right to assistance, reimbursement and a return flight, depending on the duration of the delay and the distance of the flight.

Depending on these variables, you could be compensated up to about $950 for the delayed flight and rebooked onto another flight.
In any case of delay or cancellation, an explanation must be given to the passenger on alternatives.

For circumstances outside an airline's control - weather delays, air traffic delays or political instability - the scheme wouldn't apply. But for mechanical faults, crew-related delays or a late inbound aircraft, the compensation covers it.

How does compensation in Australia differ for inconvenienced flyers?

Australia's consumer guarantees are not as thorough.

While the EU specifies the duration of the delay and distance which makes someone eligible for compensation - at least two hours on a flight travelling at least 1,500km - Australia has a legal obligation to deliver a service within a reasonable time.

Similarly to the EU, the length of the delay and whether it was in the airline's control impact what is "reasonable". But there is no one definition of what will be a reasonable time, the Australian Competition and Consumer Commission (ACCC) states on its website.
Passengers in an airport with luggage.
Nik Long said delays were worsened by a "rookie error" of forgetting to retag the luggage of passengers on the redirected Qantas flight. Source: Supplied / Nik Long
If a new flight cannot be arranged in a reasonable time, an airline must give the passenger a choice of a refund or a different replacement flight, considering other airlines.

A customer may have the right to reimbursement but, unlike the EU, it is not automatic is up to the airline's discretion and individual policies which are found on their websites.

Under the policies of major airlines Qantas, Virgin, and Jetstar, passengers are put on the next available flight or offered a refund.

Australia's air passenger rights are 'archaic'

The Australian Lawyers Association recently voiced support for the establishment of a more comprehensive air passenger compensation scheme.

The not-for-profit national association of lawyers and academics said the system for compensation was more complicated and fraught than it needed to be.

"Rather than Australian passengers having to jump through legal loopholes to get flight delay compensation in the rare instances where it is available, it is time for Australia to have its own flight delay compensation regime," spokesperson Victoria Roy said in a statement in October.

"Australia is the only country that covers an entire continent making air travel essential, and yet air passenger rights are archaic compared to other jurisdictions such as the UK, EU, US and Canada."

Ms Roy said more needed to be done under Australian consumer law.

"Too many passengers seek legal advice regarding compensation for travel disruption only to find the Australian Consumer Law does not adequately protect them.

"There is an urgent need for Australia to step up and develop a compensation regime that is, at least, equal to the protections offered in so many other jurisdictions."

Qantas told SBS News on Wednesday evening that it would be getting in touch with affected customers directly to discuss their individual circumstances and what options may be available.

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5 min read
Published 28 December 2022 4:16pm
Updated 29 December 2022 2:03pm
Source: SBS News

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