Coverup package meal deal - a violation of Trade Practices Act?

Australia has some of the strictest consumer protection legislation in the world, too strict, some businesses have complained. Yet, there are some traders who are able to get up and get away. For small amounts and unclear areas, customers are generally quite forgiving, gracious and generous. They either do not bother to take up the issue, lack the heart and time to complain or kick up a fuss at the scene.


I would like to share one incident which is not a clear cut case of contravention but nevertheless caused unease.

A lunch special meal on the board stand placed outside a reputable restaurant includes two course meal with any free drink (wine, beer or soft drink). This was the first time we patronised this particular outlet (they have a main branch in the city which we have been).

When it came to ordering, we were preoccupied with ordering the two dishes for the two course meal. The wait staff / manager asked if we wanted to order a drink. Not remembering that a drink was inclusive of the meal special, we requested for water for all since there were minor in the group. Only a few seconds later when those sitting at the window took another glance at the board outside that we were reminded of the package deal. Though not all of us wanted drinks other than water, it would only be proper that customers should be reminded that they are entitled to more expensive drinks (from the restaurants' perspective).

When the wait staff returned (before we were served any drinks) and enquiries were made to clarify the offer, she quickly said "that's why I asked if you wanted to order drinks." Was that a

coverup statement sufficient to absolve themselves?

It would have helped if they merely mentioned that the drinks were inclusive of the lunch special meal. There would not have been any need for guessing, misgivings and suspicion of dishonest practice.

The Trade Practices Act focuses on fulfiling promises of bait advertisements. We have to interpret how the context fits in with the statute.
http://www.accc.gov.au/content/item.phtml?itemId=304501&nodeId=04bc9aa47950c6358a6e573a1537af3d&fn=Advertising%20&%20selling_A4%20flyer_Jan07.pdf

Normally business managers and staff would size up and gauge the attitude of the customer to attempt a gloss over. But looks can be deceptive and they may be taking a chance if someone is bent on seeking justice from the small claims tribunal even when small amounts are involved.