Banjac v Flight Centre Ltd

In the matter of Banjac v Flight Centre Ltd, the respondent, Flight Centre Ltd, was challenged by the applicant, Mr. Banjac, over the enforceability of their advertised 'lowest airfare guarantee'. The case was heard and determined by the Supreme Court of Queensland, which was required to examine the terms of the guarantee and whether they were sufficiently met to obligate Flight Centre Ltd to honour its promise.

The primary legal issue before the court was whether the terms of the 'lowest airfare guarantee' were met in a manner that would render the guarantee enforceable against Flight Centre Ltd. This involved an analysis of the conditions specified in the guarantee and whether they were adhered to by the applicant. Additionally, the court had to determine whether the terms of the guarantee were sufficiently clear and unambiguous to be enforceable.

The court found that while the guarantee was advertised as the 'lowest airfare guarantee', the conditions attached to the guarantee were not met by the applicant. The terms specified that the guarantee applied only to certain circumstances and did not cover the particular situation in which Mr. Banjac found himself. Consequently, the court concluded that the guarantee was not enforceable as the conditions had not been satisfied. The court's decision was based on a detailed analysis of the contractual terms and the specific circumstances of the case.

The court refused leave to appeal the decision, thus affirming that the 'lowest airfare guarantee' was not enforceable in this instance due to the non-compliance with the specified conditions.