Giorgio and his wife decide to spend a week in Nova Scotia and they find a getaway package offered through Sapal travel agency in Mississauga, where a friend of Giorgio works as a manager. A reservation (return flight and hotel) is made over the phone for a total cost of $2930 including the agency fee. During the phone call, Giorgio and the travel agent agree to finalize the payment in person within 3 days. However, two days after this phone call, Giorgio becomes unable to travel due to an unexpected injury. Therefore, Giorgio calls the travel agency and notify the cancellation of the booking. The travel agent informs him that the reservation made over the phone was final and Giorgio had to settle the full payment as per the agreed amount of the package. Upon Giorgio's refusal, the agent claims they will bring him to Court for breach of contract. Choose your position by answering one of the following arguments:

1: Sapal Travel Agency will win in court because this is a valid contract. Explain why you sustain this position and highlight which are the 6 elements of the contract traceable in this case.

2: Sapal travel agency will be unsuccessful in Court because the reservation made by Giorgio over the phone does not qualify as a contract. Explain why you sustain this position, based on an analysis of the essential elements of a contract that could - or could not - be traced in this case scenario.