Posted 03/17/2023 02:01PM
Milton Shikuku
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date: Mar 2023
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The UAE’s Emirates Airline has been fined by a New Zealand court for "misleading" advertising of its business class flight.
The decision made by the country's Disputes Tribunal sets a precedent in the way airlines promote their inflight experiences.
The airline has been ordered to pay Mark Morgan, a New Zealand resident, $8,440 after he challenged Emirates for its advertising in New Zealand.
Morgan claimed that he saw advertising for flatbed seats featuring minibars and updated entertainment systems before purchasing a business class ticket for a trip from New Zealand to the United Kingdom with his wife.
However, instead of the promised product, Morgan's flight was operated by an Emirates 777-300ER, featuring the carrier's most outdated business-class product.
Emirates contended that it has the right to modify the type of aircraft operated on specific routes due to operational necessities, as aircraft type is not guaranteed under its customer contract. Moreover, the airline maintains that it must utilize this particular aircraft for its New Zealand route as it is currently unprofitable.
Disputes Tribunal referee Laura Mueller sided with the travelers, deciding that “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. The promotional materials were based on an updated/new business class seat and service that is not in place in the older aircraft that Emirates flies to NZ.”