Elisabeth has decided to go in another cruise, but this time to ensure she has a good time she uses an experienced track agent to book snd engages the services to Gertrude from Happy Holidays Travel to make the arrangements. Gertrude suggests a river cruise along the Danube and Elisabeth thinks that is a wonderful idea and tells Gertrude to make all the necessary arrangements. Elisabeth instructs Gertrude to book a ticket on luxury cruise ship The Budapest II. Gertrude tell Elisabeth that as this is a last minute booking, so the booking will be non refundable.

Gertrude goes on to the The Budapest II website to book the ticket, however quickly discovers that the cruise is very booked and the only tickets available are first class tickets. These do not come cheap as The Budapest II is known for being a high end luxury boutique experience. She communicates this to Elisabeth who says "Why not, I'll splurge a bit this time round, I want to have a great time and do everything."

Gertrude books a first class cabin which is outward facing with its own deck and includes a nightly degustation menu at the cruise ship 2 star Michelin restaurant, extensive activities on the cruise ship as well as access to all the optional extras such as spas, massages, exercise facilities. The total comes to $25,000 for a ten day cruise.

When Elisabeth receives the bill she is aghast and refuses to pay for the cruise telling Gertrude that she did not say she wanted every single extra. Gertrude disagrees and says that she said "Why not, I'll splurge a bit this time round, I want to have a great time and do everything."

Gertrude offers a high end travel services and would normally be happy to just cancel the reservation but this is a non refundable ticket and says that the cruise company can enforce the contract.

Elizabeth has come to you for advice and would like to know if Gertrude is liable and if the cruise company can enforce the contract against her.s