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Rugby World Cup Consumer Rights

Rugby World Cup Information

Fair Play On and Off The Field - Know Your Rights as a Consumer

Whether you're an overseas guest or a local, RWC 2011 is likely to be a once in a lifetime event. Aside from all the on-field action, there will be plenty of opportunities to experience New Zealand hospitality at its best – world class food and wine, fabulous shopping, unique culture and entertainment, and accommodation and transport options to suit all tastes and budgets.

As a consumer of our home-grown hospitality, you have the right to expect a fair deal. This is because in New Zealand, businesses have certain obligations under competition and consumer legislation. These laws are designed to help ensure that businesses compete on a level playing field and that as a consumer, you can make informed choices when buying goods or services.

Fair Play and the Fair Trading Act

The Fair Trading Act makes it illegal for businesses to mislead consumers, give false information, or use unfair trading practices. It applies to anyone in trade – from big players like hotel chains, airlines and department stores, to small or temporary businesses like a souvenir stall or ice cream stand.

The Act covers all aspects of the promotion and sale of goods and services. It includes anything said about a product or service, either verbally or in writing. It also includes an impression given by pictures, advertisements, promotional material or a sales pitch or by something which is not said – that is, by important information being left out.

While businesses have a legal obligation to play fair, it is also important that as a consumer, you understand your rights when buying goods and services in New Zealand.

Pricing

Sales, pricing comparisons and markdowns are some examples of how a business might use price to promote its goods or services. Any claims made about price must be clear, accurate and unambiguous.

Prices must include or be clear about the 15% Goods and Services Tax (GST), and any surcharges must be declared before you buy.

When you see a price sticker on a product or a shelf price, it is reasonable to expect that that is the price you will be charged at the checkout.

When a price is quoted or estimated, this is what you should expect to pay.

Accommodation

Accommodation should be as it was represented to you when you booked it. If there is a significant difference, you should raise it as an issue as soon as possible. You should also alert management at the start of your stay if there is anything missing from or damaged in your room.

If you haven't broken or taken anything, you should not be charged anything above the price quoted at the time of booking and the cost of any other purchases made during your stay, such as wi-fi access or mini-bar snacks.

If you are booking accommodation online, you should be able to rely on the pricing and availability details being accurate and up to date. An accommodation provider could be breaking the law if they initially confirm your booking at a set price online, then tell you the price quoted is not current.

Eating Out

Prices displayed on a menu or on any signage should include GST, and any surcharges, such as for using a credit card, must be made clear.

Some restaurants allow you to bring your own wine (BYO) but you will probably be charged a corkage fee. This fee should be clearly on display in the restaurant or on the menu.

Tipping is optional. There should be no tips shown on the bill, however feel free to tip anyway.

Getting Around

If you're booking a flight, hiring a rental car or catching a taxi, make sure you know all costs upfront before booking or paying.

Businesses must clearly identify any additional costs or charges, such as fees for checked baggage, insurance cover, or GST, before you buy.

If you're picking up a rental car, make sure you inspect the car, and take photos if necessary, on pick-up and drop-off so you don't get charged for damage to a rental car you didn't cause.

If you're taking a taxi, ask the driver for an estimate before you set off.

Buying Souvenirs

Any claims made – or impressions given – about the origin of a product must not be misleading or deceptive.

This includes using symbols such as kiwis, flags or other national emblems to convey false or misleading impressions that a product is made in New Zealand.

Most new clothing and footwear must have permanent country of origin labelling which you can easily see when examining the item.

Clean Green New Zealand

As a consumer, you should be able to rely on any environmental claims made about a good or service.

Businesses making environmental claims must ensure those claims are accurate and can be backed up with science. This includes any statements made about sustainability, recycling, carbon neutrality, energy efficiency, use of natural products or impact on animals and the natural environment.

If you're in doubt, ask for more information.

Duty-free

The term 'duty-free' implies that goods are cheaper in comparison to prices charged by other retailers because government imposed import duties do not apply.

If you're a tourist or are travelling overseas, you're entitled to assume that you will get the benefit of this price advantage.

Businesses should only use the term if the goods described as duty-free would usually attract import duty, and the price advantage is passed on to the consumer.

After You Buy – The Consumer Guarantees Act

After you've purchased a good or service from a retailer, the Consumer Guarantees Act applies.

Under this Act, goods must be fit for their normal purpose, safe, durable, they must last for a reasonable time, have no minor defects and be acceptable in look and finish.

Services must be performed with reasonable care and skill and fit for the particular purpose they were supplied for. They must also be completed within a reasonable time and provided at a reasonable price, if no time for completion or price or pricing formula has been previously agreed.

Got a Problem?

If you have doubts about any claims being made about a product or service you're looking to purchase, ask the trader for clarification. If you suspect you're being misled, don't buy.

If you've already purchased a product or service and are concerned you may have been misled or deceived, make sure you keep your receipt and in the first instance, go back to the trader and try to resolve the problem with them directly.

If you want to take things further, you have a couple of options:

Complain to the Commerce Commission

The Commerce Commission doesn't act on behalf of individuals but is responsible for enforcing the Fair Trading Act, and relies on information it receives from the public. If you feel you have been misled about goods and services, you can call the Commerce Commission on 0800 943 600 or email contact@comcom.govt.nz

The Commerce Commission doesn't enforce the Consumer Guarantees Act – it is self-enforcing, which means you need to take your own action. You can find out more about your rights under the Consumer Guarantees Act at www.consumeraffairs.govt.nz.

Take a case to the Disputes Tribunal

The Disputes Tribunal is an inexpensive, informal and private way to help resolve a dispute, such as an issue under the Consumer Guarantees Act. Refer to www.justice.govt.nz for more information.

Information supplied by the Commerce Commission.

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