Dubai’s Emirates has settled an $8,440 (NZD$13,555) lawsuit placed by a New Zealand man, after he reported it to the country’s Disputes Tribunal over misleading advertisements.
The advertisements were promoting comfortable business class features, which were not available in New Zealand.
The man, identified as Mark Morgan, had bought a business class ticket for himself and his wife to England, only to find out that his flight was operated by an Emirates 777-300ER.
Emirates’ business class features minibars, internet connect and seats that reclined to lie flat. Morgan’s flight did not feature any of these.
According to New Zealand daily Stuff, Morgan and his wife found the seats didn’t recline to lie flat, were less cushioned than those shown in Emirates’ advertising, and the entertainment system was not a new, upgraded system, and “due to its age, malfunctioned.”
Emirates reportedly argued that its small print allowed to vary its advertised services, and also that it had not broken the Fair Trading Act (FTA) by running an advertising campaign that would mislead New Zealand travellers.
“Emirates advertised a business class service that consumers were very unlikely to receive,” Disputes Tribunal referee Laura Mueller said, and ordered the airline to pay Morgan.
“This was the result of advertising a service that they were rarely delivering, not due to an occasional or one-off change of aircraft due to operational requirements,” she added.
Mueller also said Emirates “argued that its contracts with customers allow it to change the aircraft it flies on routes due to operational requirements and that its newer planes were required on other routes due to its New Zealand operations being run at a loss,” according to the Stuff report.
She also added that FTA 1986 prohibits misleading and deceptive conduct in trade. “The advertising of a service that Emirates knew would unlikely be delivered is misleading and deceptive.”
Dubai’s Emirates had reportedly claimed that the service he had was only a 5 percent reduction in quality compared to the service it advertise. The airline said it had also offered a $786 refund.
“To the ordinary air-traveller the seat made available is equivalent to a lie-flat seat,” Emirates reportedly told the tribunal, adding that Morgan and his wife received reclined seats to 166.1 degrees rather than lying completely flat.
According to the report, Morgan sought a partial refund of the price of the tickets he bought, as well as a refund of the price he paid to upgrade to first class on one leg of the journey so he and his wife could get seats that lay flat, so they could sleep.
Mueller also said that Morgan’s claim for NZD13,555 was reasonable and fairly reflected the difference in service advertised and paid for, versus the service received.
Morgan told the tribunal Emirates had even sent him a photo of business class seating in the newer planes when he bought his ticket, with Mueller ordering the airline to pay Morgan the money by March 27.
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