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Emirates pays Tauranga man $13,555 over ‘misleading and deceptive’ advertising of business class seats

Emirates pays Tauranga man $13,555 over 'misleading and deceptive' advertising of business class seats

A New Zealand dispute tribunal ordered Emirates (EK) to reimburse passenger Mark Morgan for EK advertising that it regarded to be “misleading and deceptive” for NZ$13,555 (about AU$12.5k).

The airline runs older aircraft out of New Zealand than the B777-300 seen in advertisements for the service, thus Morgan and his wife did not receive the lie-flat beds they were anticipating when they flew with Emirates. Not only that, but the couple discovered that the entertainment system was outdated and “failed owing to its age,” there was no minibar, and the seats were less padded than those depicted in the advertisements.

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Morgan testified before the tribunal that the Dubai-based airline had even supplied a picture of the business class seats on the more recent aircraft after he had purchased his ticket.

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The airline stated that its ticket terms and conditions permit changes in the type of aircraft based on the operational needs in effect at the time of the flight. The court, who believed that the aircraft allocation was a frequent event rather than an unusual one, was unconvinced by this, however. But, the tribunal objected. Referee Laura Mueller of the Disputes Tribunal said that Emirates promoted a business class service that passengers were very unlikely to get.

But the tribunal disagreed. Referee Laura Mueller for the Disputes Tribunal said that Emirates promoted a business class service that passengers were very unlikely to get.

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Not an occasional or one-time change of aircraft due to operational requirements, but rather the result of them promoting a service that they hardly ever provided. According to Mueller, there were no seats or amenities offered in this scenario.

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