Contract / Consumer Guarantees Act 1993 / Applicant booked international travel with the Respondent / First flight into their transition city arrived late / Outbound flight was overbooked and the Applicant's family were unable to board / No further flights for a few days so the Applicant's family opted to return home / Applicant claimed Respondent failed to carry out their job with reasonable care and skill / Applicant claimed communication was poor with the Respondent / Applicant claimed $18,000.00 in compensation / Held: Respondent was not responsible for the loss the Applicant suffered / Loss was caused by the airlines / Claim dismissed.
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31 items matching your search terms
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NT v GD Ltd [2022] NZDT 177 (20 September 2022) [PDF, 111 KB] -
BK v B Ltd [2021] NZDT 1707 (15 December 2021) [PDF, 150 KB] Consumer law / Fair Trading Act 1986 / Applicant brought several airline tickets from Respondent / Tickets were subject to condition that they were non-refundable if Applicant cancelled / Applicant unable to use some of the flights / Applicant sought a credit for their price from Respondent / Applicant also sought an order that Respondent credit him with price of any future flight tickets purchased in the event he may be unable to take those flights / Held: Applicant’s ticket purchases cannot reasonably be taken to be subject to an implied term that he could receive a credit for cancelled flights regardless of dates the flights were due to depart / Respondent’s policy announcements were not misleading or deceptive / Applicant not established any ground to be allowed credits for flights that he did not take, or those that he might take in the future / Claim dismissed.
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HF v IU Ltd [2021] NZDT 1566 (28 July 2021) [PDF, 198 KB] Contract / Flight tickets / Applicant was entitled to be reimbursed for expenses for employment related education during his employment / Reimbursement could be used to cover the cost of conferences and travel / Applicant booked flights for an overseas conference through the respondent / Conference and flights cancelled / Applicant asked the respondent to hold his airfares as credit / Airline issued refunds which the respondent credited back to the Applicant’s employer travelcard / Applicant was only made aware of the refund when he was no longer able to use the money for the original purpose / Applicant claimed $6,425.00 for airfares / Who did the respondent contract with for the flights / Whether the applicant was entitled to any remedy for the respondent’s failure to keep a credit or to inform him of the refund / Held: contract for travel was between the respondent and the applicant’s employer / Applicant was not a party to the contract / No breach of contract in relation to the ref…
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QC Ltd v YX [2020] NZDT 1470 (23 June 2020) [PDF, 133 KB] Contract / Contract and Commercial Law Act 2017 / Applicant booked Respondent for her services as a make-up artist for a wedding photoshoot / Applicant paid a deposit of $225 and booked airline tickets and accommodation / Respondent chose not to undertake the job because of concerns around COVID-19 / Respondent refunded deposit / Applicant claimed refund for booked flights, accommodation and filing fee / Whether Respondent breached the contract by not travelling for the job or whether contract frustrated by events / If the Respondent breached the contract what losses did Applicant suffer / Whether Respondent was entitled to flight amount and accommodation / Whether Respondent entitled to filing fee / Held: not satisfied contract was frustrated / contract not impossible to perform as Applicant secured services of another make-up artist for the shoot / Respondent failing to perform contract was a breach of the contract / Applicant suffered loss of costs of flights booked for Respondent …
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LO v SD [2021] NZDT 1388 (3 July 2019) [PDF, 222 KB] Contract / Applicant asked respondent for help accessing cheap flights with specific airline / Applicant not happy with tickets as they were not with specific airline, had multiple stops and some tickets were invalid / Applicant’s family purchased new tickets / Applicant claims for amount paid for the unused tickets / Held: respondent not acting ‘in trade’ as is not in the business of making travel arrangements or providing travel agency services / No other cause of action for legal claim against respondent / Claim dismissed.
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DU & DUD v VF & Ors [2016] 956 (12 September 2016) [PDF, 135 KB] Contract / Civil Aviation Act 1990, s.91Z / Applicants booked return flights with Second Respondent and second flight was cancelled / Applicants booked a replacement flight with different airline / Second Respondent refunded fare of $343 / Applicants seek compensation of $1,999.99 for undue stress and extra costs incurred due to the cancellation and necessity to book another flight at a later date / Held: a carrier is liable for damages caused by delay unless delay made necessary by force majeure (unforeseeable circumstances) / mechanical breakdown is a foreseeable event / carrier not liable if they take all necessary steps to avoid damage or it is not possible to take those steps / Respondent delayed decision to cancel flight to a point where passengers would struggled to get alternative flights or accommodation / Respondent only operated one aeroplane and had no replacement / Respondent bears this as a business risk / Terms and Conditions purporting to limit Respondent’s liability ha…
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