Letter · Aviation, Drones & Space
Carrier's response to a passenger delay or cancellation claim
A letter for an airline answering a passenger's claim after a delay or cancellation, separating Australian Consumer Law guarantees from Montreal Convention delay limits. The lawyer decides which regime applies. Neither is assumed to remove the other.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- Australia, Commonwealth, International / cross-border
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Australia, Commonwealth and International / cross-border.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a carrier is answering a passenger about a delayed or cancelled flight, a refund, a replacement flight, or delay compensation. Do not use it for bodily injury. That is a different liability, including Part IV of the Civil Aviation (Carriers' Liability) Act for domestic carriage.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may build a timeline from the booking and the operational record and place the passenger's requests beside the remedies the ACCC page describes. The lawyer chooses the regime and approves every sentence that is sent.
AI may
- Set out scheduled and actual times, the reason recorded by operations, and any replacement flight offered
- List the refund, replacement and out-of-pocket items the passenger has asked for, each with the receipt if one was provided
- Insert the Montreal delay figure only if the lawyer has marked the carriage as international and has checked the figure is still current
AI must not
- Must not say the Montreal Convention removes the Australian Consumer Law, or the reverse
- Must not state a dollar conversion of special drawing rights unless the rate and the date are on the file
- Must not blame the passenger, or admit fault, beyond the instruction
The lawyer checks
- The carriage is correctly marked domestic or international, and the booking channel matches what the ACCC says about when the guarantees apply
- Any refund or replacement offered matches the conditions of carriage and the consumer guarantees the lawyer considers apply
- The Montreal delay limit, if used, is the current limit. The department's page gave 6,303 special drawing rights as of 28 December 2024
- Injury, baggage and cargo are not answered in this letter unless they are part of the same claim and have been separately advised
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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