Assessment mode

1. demonstrate knowledge of the legal and regulatory environment in the modern hospitality industry;
2. identify and analyse the role of the regulatory environment in shaping operating practices in the hospitality industry

Rationale

This assessment gathers evidence of student's knowledge of the principles of contracts,

consumer rights, and negligence.

No Conclusion is to be included.

By submitting through Turn-It-In, you are declaring that your response is your own paraphrasing (and including citation of the source material) or direct quotes are cited accordingly.

Referencing and in text citations should be as per the SCU Harvard format. Submit as a word document.

Question 1.

Lila had spent her evening at a friend's birthday party where she consumed several glasses of wine. Feeling slightly disoriented but in high spirits, she decided to walk to a nearby convenience store to buy some snacks. It was late, and the store was quiet, with only a few customers and a couple of staff members present.

Upon entering the store, Lila headed straight to the snack aisle. Unbeknownst to her, a customer had accidentally spilled a bottle of cooking oil on the floor minutes earlier. The spill was significant, covering a wide area of the aisle. A store employee noticed the spill but was momentarily called away to handle a delivery at the back without putting up any warning signs or cordoning off the area.

In her slightly inebriated state, Lila did not notice the glistening sheen of oil on the floor. As she stepped onto the slick surface, her feet slid out from under her, causing her to fall heavily. She sustained a fractured wrist and a concussion from the fall.

Lila is contemplating suing the convenience store for negligence, claiming that the store had a duty of care to its customers to ensure the premises were safe. The convenience store acknowledges its duty of care but seeks advice on the standard of care required and any potential defenses it might have.

Question 2.

Jenna has recently launched a culinary tour company named "Culinary Journeys," aiming to capitalise on the growing interest in gourmet food and wine experiences. Inspired by the success of "Gourmet Getaways," a leading company in the niche, Jenna decides to model her business closely after it. She names her company in a manner that suggests a similar luxury and comprehensive service, even adopting a logo that closely resembles "Gourmet Getaways."

Jenna's marketing strategy includes placing an enticing advertisement in a popular lifestyle magazine. The advert promotes an "exclusive culinary tour" featuring visits to multiple top-tier restaurants, cooking classes with renowned chefs, and exclusive tastings of rare wines. It promises transportation in "luxury vehicles" and includes images of lavish dining settings, hands-on cooking sessions, and wine cellars. The advert boldly claims "all-inclusive experiences" at the bottom.

Liam and Harper, food and wine enthusiasts, are intrigued by the advertisement. Excited about the comprehensive culinary experience, they book a tour. Upon arrival, however, they discover several discrepancies:

Cooking Classes and Wine Tastings: Instead of the promised cooking classes with renowned chefs, the tour only includes a brief cooking demonstration at a local bistro. The advertised "exclusive tastings of rare wines" turn out to be a basic wine tasting session of commonly available wines. No renowned chefs are involved.

Visits to Top-Tier Restaurants: The tour includes only one notable restaurant visit, with the rest being to average dining establishments not matching the advertised luxury dining experience.

Transportation: The "luxury vehicles" promised in the advertisement are actually standard mini-buses with minimal comfort features, far from the luxury experience anticipated.

Additional Costs: Upon arrival, Liam and Harper learn that some of the advertised experiences, such as a specialty wine tasting, require an additional fee, contrary to the "all- inclusive" claim in the advert.

Discuss, using examples, where you consider Jenna might be in breach of section 18 of the Australian Consumer Law. Include case law.

Question 3.

You have been hired as the manager of a new retail chain. You will be responsible for the sales staff in five different stores. The owner is concerned about the Australian Consumer Law and asks you to draw up a guide for the sales staff to assist them in dealing with customers' enquiries and complaints. Sales staff need to know what rights the customers have. Draw up the advice in the form of an FAQ directed at customers

Question 4. Consumer

Alex books a weekend stay at "Seaside Retreat," an upscale beachfront hotel, enticed by the online advertisements showcasing pristine rooms with ocean views, state-of-the-art amenities, and high-end customer service. The hotel's booking site promises guests a luxurious experience with facilities such as a spa bath in every room, a fully equipped modern gym, and complimentary gourmet breakfast.

Upon arrival, Alex discovers several discrepancies:

Spa Bath Malfunction: The advertised spa bath is present but non-functional, with visible cracks and a leaking faucet.

Gym Under Renovation: The gym is closed for an unexpected renovation, a detail not mentioned during the booking process.

Quality of Breakfast: The "gourmet" breakfast is extremely basic and does not match the advertised quality or variety.

Alex immediately reports these issues to the hotel management, expecting a solution or compensation. However, the hotel staff is dismissive, claiming that the amenities are "subject to availability" and refusing any form of refund or room upgrade.

You are to identify the specific consumer protection laws that apply in this situation, explain the rights and remedies available to the guest, and provide recommendations for how the hotel could have handled the situation differently to avoid a legal dispute.