Bluebridge ferry warned about misrepresenting consumer rights

The Commerce Commission has warned StraitNZ Bluebridge for potentially misleading consumers about their rights when sailings were delayed or cancelled last year.

Consumer NZ made a complaint to the Commerce Commission in February last year, alleging both Bluebridge and the Interislander were misleading passengers about their rights after a spate of cancellations due to mechanical issues.

Like any service, consumers have rights under the Consumer Guarantees Act (CGA) for ferry sailings. If a sailing is delayed or cancelled for reasons within the operator’s control – such as mechanical failure – a customer is entitled to a refund and to claim back any reasonably foreseeable losses such as accommodation and alternative travel arrangements.

However, Bluebridge’s terms and conditions previously stated it didn’t have any liability for delays or cancellation within its control, said Vanessa Horne, Commerce Commission Fair Trading General Manager.

Misleading customers about their rights under the CGA could risk breaching the Fair Trading Act (FTA).

While Bluebridge did honour consumers’ rights under the CGA when compensation claims were made, the Commission noted that given the terms and conditions excluded liability, some consumers, “did not reach out for compensation that they were entitled to.”

In response to the Commission’s investigation Bluebridge has improved its terms and conditions, and processes.

Given Consumer NZ’s complaint covered both ferry operators, we look forward to seeing whether the Interislander will receive a similar warning.