Consumer NZ complains to Commerce Commission about Cook Strait ferries

Consumer NZ has lodged a complaint about Interislander and Bluebridge to the Commerce Commission, saying both Cook Strait ferry operators are misleading passengers about their rights and failed to carry out services with reasonable care and skill.

The consumer watchdog believed both operators did not meet their obligations under the Consumer Guarantees Act (CGA) for the recent cancellations and delays.

“Under the CGA the ferry operators are required to carry out services (scheduled sailings) with reasonable care and skill,” said Consumer NZ chief executive Jon Duffy.

“If a scheduled sailing is cancelled or substantially delayed due to mechanical issues then, as far as we’re concerned, the operator has failed to provide reasonable care and skill or a service that is fit for purpose.”

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Duffy also said consumers were usually entitled to remedies including damages for including damages for foreseeable consequential loss relating to that breach.

In the case of Bluebridge and Interislander, Duffy believed disrupted passengers were entitled to claim costs for accommodation and alternative travel arrangements from the operators, who only offered ticket refunds or rescheduling on alternative sailings.

“As a result of this misleading behaviour, disrupted passengers are being left out of pocket. In our view, they’re legally entitled to claim these costs back.”

More to come