Karlin (a Chinese student studying at Murdoch University) booked and paid for a skiing holiday in Victoria, which was organised by Adventure Tours (AT) in reliance on a brochure by AT that contained information about the tour and its inclusions. These inclusions, in part, were that the tour included a Mandarinspeaking skiing instructor, (Karlin insisted on this to the travel agent), welcome and farewell parties at the hotel bar, afternoon tea and cake for seven days, traditional Australian dinner by candlelight, and a bus tour to visit a wildlife park (Karlin was desperate to cuddle a koala).

a) Karlin wants to sue AT because the ski instructor was English speaking only and Karlin broke her leg on the ski slopes because she could not clearly understand one of the instructions. Can Karlin sue under the ACL and if so, for what? (4 marks)

b) Karlin also did not get to cuddle a koala because on the day of the visit, the koala enclosure was closed due to an infection with one of the newborn koalas. Karlin wants compensation for disappointment and distress. Will she succeed? (2 marks)