Well - this so called "SPECIAL FARE" category which I purchased under and as it was stated on my e-ticket confirmation when they took the money out of my account did not seem "completely off the wall" as it was 80% more than the recent YVR-SYD return business class ticket sold by ANA. The ANA ticket certainly looked like an error fare but was honoured by ANA out of good faith. Another reason why ANA is my main Star Alliance airline. The ANZ Special Fare fare was almost twice the rate advertised for recent economy fare tickets to LAX.
The lines between an airfare error and a "Special Fare" are indeed blurry. In the case of this recent Air New Zealand fare, they classed this fare as a "Special Fare". It was not sold as an advance purchase business class ticket that has a regular price of 4-5K, it was sold as a "Special Fare". For this reason alone, it was not unreasonable for a traveller, even a seasoned traveller like myself to believe that maybe this was indeed a "SPECIAL FARE" as advertised, as sold, and as charged, seated allocated and ticketed.
It is illegal for a business to make claims to customers about its goods or services—including claims about price—that are incorrect or likely to create a false impression. This includes advertisements or statements in any media (e.g. print, radio, television or online) and any claim made by a person representing your business.
Intention is irrelevant.
"Departure Thu., 24 May
Special Fare
Air New Zealand 124
Melbourne (MEL)
12:10 pm
Terminal: 2 flight to
Auckland (AKL)
5:45 pm
Terminal: I
Cabin: Business (Z)
3h 35m duration
Seat: 01A | Confirm or change seats with the airline*"
It clearly states "SPECIAL FARE" booking into Z class.
My point being that in this case, any fare that was well below the regular 4-5K price would indeed be a "SPECIAL FARE". It seemed to meet that criteria.
Air New Zealand's response to move people to economy would meet the criteria of a classic bait and switch however way you wish to look at it.
"
Bait advertising
Bait advertising is the illegal practice of advertising specific prices (usually special ‘sale’ prices) on goods that are not available or are available only in very limited quantities (where this limit is not clearly and specifically disclosed)."
You should only offer goods or services at a ‘special price’ if they are available in reasonable quantities for a reasonable period, unless you state clearly that the good is in short supply or on sale for a limited time.
Now - It costs $143 to lodge a civil claim (minor) in South Australia. In this case. it will take time, but the very fact that Air New Zealand marketed and sold this fare as a "Special Fare" negates any opportunity the airline may want to take to get out of their contract of carriage. Australian consumer law is very clear on this matter. The other fact is that because Air New Zealand offered a lower product, it violated the "bait and switch" provisions of Australian Consumer Law as well.
This is not a case of an airline selling a business class fare at a mistaken price. It is a case of an airline selling a "Special Fare" in business class and then offering an economy seat under threat of refund to all who purchased it.
Good luck to you all.