Elsabeth is going on a cruise to Europe. She books her ticket at the ticket office near the wharf. When she purchases the ticket, the salesperson hands her a piece of paper that has all the terms and conditions of the cruise company, YourCruisin'. Elsabeth reads the paper carefully and then proceeds to buy the ticket. The salesperson prints her ticket and hands her an information pack with the itinerary for the cruise and with the ship rules.

Elsabeth packs her bags and boards the cruise. Once out at see, she unpacks her luggage and lets her poodle puppy out of its carrier. She decides to go for a walk with the poodle in order to figure out where would be best to exercise the dog.

She is very surprised when a staff member approaches her and tells her that dogs are not allowed on the cruise ship and that she will need to keep the dog in her cabin. Elsabeth says that she did not see the no dog policy in the terms and conditions when she bought her ticket. The staff member tells Elsabeth the policy is in the ship rules which were included in her information pack with the itinerary and not as part of the terms and conditions. On checking the rules, Elsabeth sees the the no dog policy is listed there.

Elsabeth keeps the poodle in her cabin. She also has two pieces of expensive jewellery in her cabin. One is a family heirloom necklace and the other is diamond ring. On the third day of the cruise Elsabeth notices that both items are gone. She knows what happened to the diamond ring. She had left it on the small table on her balcony at night and a sway in the ship had caused it to go overboard. The necklace, Elsabeth believes, was stolen from her room by one of the technicians that had come through to check on her air-conditioner. She complains to the cruise manager about both items and the manager points to the terms and conditions where it says, quite clearly, 'YourCruisin' is not responsible for any damage or theft to property, no matter how it occurs.'

On the final few days of the cruise, Elsabeth is very disappointed to wake up and find out that the ship has gone straight from Marseilles in France to Sicily in Italy. She had thought there would be a stop in Corsica, an island in between the two. When she inquires, she is told that the ship had to stay an extra day in Nice in order to do necessary maintenance that the company did not have time to do before the cruise initially started. Continuing without the maintenance would have been unsafe so the Captain decided to stop the extra day in Nice and skip Corsica. Question. (Answer with reference Athens Convention / Australian Law) whether the Captain is able to skip Corsica if it was a scheduled stop in the itinerary?