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+ Booking Cancellations

This advice has been approved by Consumer Affairs Victoria.

What happens if my domestic clients choose to cancel due to COVID-19?  Can I claim cancellation costs?

To answer this question, it is useful to think of two scenarios.  In the first example, the health authorities have issued explicit advice, under the State of Emergency declaration, restricting non-essential travel to your area.  Such an instance would trigger a 'frustrated contract' under the Australian Consumer Law and Fair Trading Act 2012, which means it is impossible to perform or carry out a contract due to events beyond all parties' control.

In this scenario, the customer would be entitled to a refund of any payments already made.  However, the law may also entitle you to any reasonable expenses you incurred before the customer cancelled.

If there are no restrictions on domestic travel and your business is still operating, the contract is still valid and your cancellation policy can be applied.

The best solution in both these circumstances is to talk to the customer to negotiate alternative arrangements.  For example, hold the deposit over to be used at a different time.  This is a frequently used strategy by tourism operators who have been through a crisis – a postponement or a deferment of a booking means you can hold onto the deposit at a time when every dollar counts. 

This advice should be read in conjunction with Consumer Affairs Victoria’s online factsheet “When customers cancel - guidance for tourism businesses”     https://www.consumer.vic.gov.au/products-and-services/business-practices/contracts/guidance-for-tourism-businesses

 

+ Guidelines for Regional Accomm providers

Regional accommodation providers are able to host workers:

Holiday accommodation and camping must be closed except for those who reside there for emergency accommodation or work purposes.

https://www.business.vic.gov.au/__data/assets/pdf_file/0003/1904754/Tourism-Industry-Guidelines-for-Coronavirus-COVID-19.pdf (pg.3)

Advice for accommodation providers:

If you are an accommodation provider, it is recommended that you consider implementing one or more of the following additional requirements for patrons:

  • requesting that a patron undertake a symptom self-assessment prior to leaving home, which includes an assessment of whether they have a fever and include a temperature check at home
  • providing information about the symptoms of coronavirus (COVID-19) and asking guests to disclose whether they are unwell or whether they have been asked to quarantine by the Department of Health and Human Services due to being a close contact of a confirmed case of COVID-19
  • a patron’s temperature could be taken on arrival to supplement the self-assessment, or if patrons arrive when reception is closed then taking it at the next available opportunity.

Accommodation providers are encouraged to contact booked guests in the 24 hours prior to their booking and request they conduct a symptom self-assessment before leaving home. Accommodation providers can ask people whether the self-assessment has been done as part of the check-in process.

If a patron becomes unwell while staying in your accommodation facility, encourage them to return home and get tested. Call the coronavirus hotline 1800 675 398 for more information about testing. If returning home is not possible, encourage them to get tested in the local area and undertake all possible efforts to isolate them from

others (including avoiding communal facilities) until they receive a negative result.

https://www.business.vic.gov.au/__data/assets/pdf_file/0003/1904754/Tourism-Industry-Guidelines-for-Coronavirus-COVID-19.pdf

Most of the information operators need will be in the Tourism Industry Guidelines from Business Victoria: https://www.business.vic.gov.au/__data/assets/pdf_file/0003/1904754/Tourism-Industry-Guidelines-for-Coronavirus-COVID-19.pdf

 

+ VTIC

VTIC waiving In the Loop and Essentials memberships until 31 December 2020 See HERE

In addition, VTIC have boosted the support available by providing access to the Workplace Relations Advice Line – voted our most valued service by members, plus training credit to support upskilling for you and your staff. Discover the available training options here