Jack and Anita have been dating for two months. Jack wants to take Anita to Adelaide to introduce her to his parents. Jack has been planning this weekend for months. He plans to propose to Anita. Jack is from a wealthy family and his father is flying back in from Tokyo for he proposal.

Jack has the four day trip planned out. They will take a private jet to Adelaide and will spend four days at the luxurious Hollow Pines Inn in the Adelaide Hills, near Stirling where Jack's parents live. On the night they arrive, Jack plans to have a nice quiet dinner with Anita. The following day they will spend with his parents and he will propose and they following two days will be filled with romantic activities including horseback riding, private winery tours, cooking classes all the things that Anita loves to do.

The first thing Jack does is ring SnowCap and private charter company. Jack talks to a gentleman called Russel on the phone. Russel takes the booking and ensures Jack that they offer a one of a kind luxury experience, in a beautiful sleek plain with beige leather seating and mahagony finishes. He also call Hollow Pines and books the suite for the four nights with a degustation menu to be served to them on the terrace.

When Jack and Anita arrive at the airport they are very surprised when they are escorted to a dumpy run down old plane. A man, presumedly the pilot greets them and introduces himself as Russel. They are four other couples waiting to get onto the plane

Jack is not very happy. He tells Russel that he books private plane, a luxurious private plane. Russel nods, "Yep mate, we are a private charter company, private plane right here, not public."

Jack frowns, "That is not the plane you advertised."

"Sure it is" says Russel opening the door, "look beige leather seats, mahogany finishes, just like I said."

Jack looks around, the seats are more grey than beige they are that old, it is hard to tell with all the rips and tears in them. Jack is afraid it may not get off the ground.

But since he already paid a 50% deposit, with the other 50% due upon landing, they climb in.

About five minutes before takeoff, Russel comes into the cabin and tells Anita to stand up and go sit on the other side of the plane. When Jack asks why, he says she is too heavy and throws the plane out of balance. Anita immediately bursts into tears, sensitive about her weight. When Jack wants to move with Anita, Russel says that this policy is in place for safety of all passengers and that passengers will to get to choose where they sit. no. When Jack disputes this, Russel tells him that the airline if free to make a seating policy and it was all in the contract. When Jack says that they would like to get off the plane, Russel says that the door is sealed and they are no longer able to get off the plane.

When finally they touch down in Adelaide, Jack is fuming. He is annoyed with the plane, the cramped anything but luxury experience and the way in which Anita has been treated. Jack refuses to pay the remaining 50% of the charter fee

When Jack refuses to pay the remaining 50% of the charter fee, the pilot Russel, refuses to give Anita and Jack their luggage. He claims that if they don't pay the fees he is legally able to keep their luggage

Jack eventually pays the remaining 50% of the fee as the ring is in the luggage and he cannot propose with out. The pilot then rudely tosses their luggage down to the tarmac where it land on Anita's foot. The luggage splits open and Anita's things spill all over the tarmac and blow away. She then has to limp to the terminal

When Jack and Anita arrive at Hollow Pine they are shown up to their room and every seems to be going perfectly. The room is gorgeous, the view to die for and the Anita is very happy with the flowers, champagne and macaroons Jack had arranged for it. The dinner by the private chef was amazing. It all seems perfect, at least it seems perfect until the middle of the night when both Jack and Anita woke up feeling extreme nauseas and feverish. A local doctor was called and it turned out that both has had severe food poisoning.

Jack later discovered that the boiler in the kitchen had exploded the previous day, the head chef and food safety supervisor were both injured in the accident and not present. As a result, there was no water running in the kitchen, no washing facilities and food had become cross contaminated with Salmonella from raw chicken.

Jack tried to complain to the manger on duty, a Mr Weavel. Mr Weavel is very apologetic that both Jack and Anita feel sick but insists that they must have gotten sick from something they ate on the plane and not at his restaurant. Jack tried to argue but was overcome with a wave on nausea and went back to his room.

Both Jack and Anita are feeling very poorly and they are unable to attend the lunch Jack had organized with his family and Jack doesn't get the chance to propose. His father has to head back to Tokyo the following day for business and will only be able to return in three weeks time. Jack wants his father to be there when he proposes, so he decides to put off the proposal.

Jack's brother, Dane also arrived that morning from Brisbane. Dane will also be staying a Pine Hollow and booked his stay online. But when he arrives at the Inn Mr Weavel tells Dane that there has been a mistake and that they actually did not have any availability. But he then tells Dane that he cannot refund his money but can find him a room at the local Motel for the same fee, The Cherry Lane Motel. Dane is not happy but agrees. It turns out that the Cherry Lane Motel is a 1 star hotel. Dane had a look at the booking policy on his emails and it says that in the event the hotel is not able to accommodate booked guests Pine Hallow ill arrange alternate suitable accommodation of the same level.

Dane later finds out that Mr Weavel refused him accommodation because he had the same surname as Jack and that Mr Weavel was worried about the food poisoning incident and did not want any more members of Jack's family staying at the Inn.

A) Can Mr Weavel refuse Daie accommodation when he had rooms available? (5 marks)

B) Dane is unhappy about being transferred to the Cherry Lane Motel. Doe Dane have any grounds to bring an action against the Pine Hollow Inn? (10 marks)

After spending the whole four days at Pines Hallow Inn sick, Jack is livid. He can't wait to leave the place. They concierge comes to take their luggage and Jack and Anita head down stars where their driver is waiting from them. Jack goes to the desk to settle the bill. When he is presented with the bill it contains not just the four nights accommodation, but also the bill for the meal that gave them food poisoning and the bill for all the activities they were not able to take. Jacks asks to speak to the hotel manager.

The hotel manager Ms Lacey joins them at the front desk. She is very professional but very cold and informs Jack that he has no proof that the food poisoning resulted from the meal at Pines Hollow and could have been from any number of meals that had had that day. This makes Jack more angry. He takes Anita's hand and tells Ms Lacey that they will not be paying the bill and heads towards the car. However when they get to the car, they notice the concierge has not followed them with their luggage. When Jack goes back in Ms Lacey tells him cooly "If you will not settle your bill we will hold your luggage until the bill is settled."

C) Jack would like to know whether Pines Hollow can do this and if they are able to sell his belongings. (5 marks)

Jack and Anita are on their way back to Perth. They have decided to take a flight with JetPay Airlines back to Perth at the last minute. Due to storm the plane is diverted to Albany, WA. Jack is tired and annoyed at this point and argues with the airline that they have to get him back to Perth, they they have an obligation to get him back to Perth and cannot just change his flight destination. However the airline states that this was reasonable variation in travel given safety concerns.

D) Advise Jack as to whether the Airline is able to alter the travel destination and plans. Jack believes the airline has breached its contract. (5 marks)

Jack then organizes Bickboard Ltd limousine service to drive both he and Anita back to Perth. When the limo driver arrives he appears very tired. As they continue on with their journey, the limo driver keeps rubbing his eyes. Eventually he stops the car, gets out and splashes his face with water. It is evident that he is too tired to drive and should not be on the road. The driver then starts calling people on the telephone and talking to try and stay awake. Eventually he asks Jack and Anita if it okay if he pulls over and rest a few minutes.

Jack and Anita are very happy the they finally get back to Perth safe and sound. They try to ring Bickboard Lt and to complain about the service they received, but to no avail. No-one answers. They send and email and there is no answer by email either.

E) Advise jack as to whether he can sue BickBoard Ltd. Discuss with reference to Contract, Torts and Consumer Law. (25 marks)