2:46 pm today

What are your rights if rain has ruined your holiday?

2:46 pm today
The Gisborne District Council says flooding and slips have severely impacted Onepoto, Wharekahika and Te Araroa.

Storm damage in the Gisborne area. Photo: SUPPLIED

Many New Zealanders' summer holidays have ended with a washout as wild weather battered the North Island.

Campers packed up tents, plans to travel to beach towns were abandoned and road trips turned around.

But what are your rights if you have to abandon plans?

Your accommodation

If you've booked an Airbnb or a hotel that you now won't use, your rights will depend a bit on the terms and conditions you agreed to.

A spokesperson for Consumer NZ said it recommended reading these before making a booking.

"Pay particular attention to clauses about what happens if the accommodation can't be used for reasons like a storm - this might be referred to as 'act of God' or ' force majeure'. Cancellation terms must be fair, otherwise the accommodation provider risks breaching the Fair Trading Act (FTA)."

If there is nothing in the terms and conditions to state what would happen, then people could rely on the Contract and Commercial Law Act (CCLA).

"The CCLA applies when a contract can't be fulfilled for reasons outside the parties' control. It gives people the right to request a refund and limits what the company can charge to reasonable administration costs."

Consumer NZ said not all terms and conditions would be appropriate, though. If a company had given itself the right to keep a large amount of money, that was likely to be unfair.

If someone was entitled to a refund but refused it, they could ask their bank for help with a charge back.

Sometimes, you might be charged a fee to change a booking. This is allowed if it is outlined in the terms and conditions, but still needs to be reasonable.

Airbnb's policy for cancellations in New Zealand is generally that you can have a refund if there is a severe and unforseeable event but normal bad weather won't usually qualify unless the host agrees.

It says it encourages guests and hosts to find mutually acceptable solutions such as partial refunds or a change of dates.

Camping

The Department of Conservation said if a facility was closed due to weather, people would usually get a refund.

Visitor services manager Cameron Hyland said if the site was open but people chose not to travel because of the weather, refunds would not automatically be available.

"Weather conditions can vary and are outside DOC's control. However, when severe weather may make travel unsafe, DOC may assess refund requests on a case-by-case basis. For example, we may consider a refund if someone was travelling through or from an area where a weather warning was in effect, even if the booked destination itself was unaffected.

"These situations are discretionary and aren't guaranteed under DOC's published terms and conditions. Refunds also aren't applied automatically, customers need to contact the DOC bookings team to request one."

Travel

Consumer NZ said if a flight was cancelled or delayed by the weather, travellers' rights would be limited.

"For cancellations, the airline will usually offer you a credit or rebook you on the next available flight. Any additional costs you incur, such as accommodation or taxis, are on you. For ferry travel that's disrupted by the weather, your entitlement will depend on the operator. You could be entitled to a refund, rebooking or a credit. Read the operator's terms and conditions to see what you're entitled to, or contact the operator directly."

What about insurance?

You may find you have some cover if you have travel insurance.

A spokesperson for Southern Cross said it would usually cover situations where travel plans had been cancelled or postponed unexpectedly, or where costs had been incurred. It would not usually cover cases where someone had changed their mind about going.

In the year to June 2025, Southern Cross paid out more than $7000 for a tour that was cancelled because of severe weather, Consumer NZ said.

It said the top three most common claims for domestic travel were changes to journeys.

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