Question 1 (5 marks): What is an exclusion clause? How do Tourism and Hospitality providers attempt to waive liability with an exclusion clause, and in what circumstances is an exclusion clause likely to be held as invalid by the Court?

Question 2 (5 marks): What is the law of agency? Explain your answer with specific reference to the duties of agents and the capacities in which they may operate. Include at least two examples in your answer.

Question 3 (20 marks): HotelMania Pty Ltd is a Perth-based boutique hotel business which operates a hotel in Mandurah, Perth. At 5:00pm on 4 April 2024, the hotel manager, Camilla Kaybello, witnessed a very drunk patron, Ben Wright, become aggressive at the bar after watching his favorite football team lose their premiership match. The bar manager, Shaun Mendleson, asked Ms Kaybello whether he should not serve Ben any more alcohol. Ms Kaybello told Shaun to allow Ben to keep drinking, as cutting him off would just anger him more. Three hours later, at 8:00pm, a new patron named Paul Harkonen, had just checked in at the hotel and decided to head down to the bar for a quick drink before going to bed. The door to the men's bathroom was right next to the bar entrance. Paul was on his phone as he entered through the entrance. Just as Paul entered, Ben emerged from the bathroom and the two bumped into each other. Ben, who had still been drinking, became visibly angry and threatened to punch Paul. Paul apologised and offered to buy Ben a drink. Ben's drunken anger was out of control, and he punched Paul in the head. Paul dropped to the ground, unconscious. Ben's friends apprehended him and took him outside. Using the IRAC method, advise Paul of whether he has a case against HotelMania Pty Ltd for negligence. If so, does HotelMania have any defences available? Ensure you refer to relevant sections of the Civil Liability Act 2002 (WA) and the Liquor Control Act 1988 (WA) in your answer.

Question 4 (20 marks): The Deluxe Experience Travel Agency Pty Ltd in Perth ran a series of advertisements in newspapers and magazines promoting an overseas tour it had organised. The advertisement read as follows: "THE GREATEST EXPERIENCE OF YOUR LIFE OR YOUR MONEY BACK!! Yes, exciting action packed, sun-sun-sun filled 14 day fully escorted tour of the West Coast of America with meals and accommodation provided! DELUXE Presidential Suites overlooking amazing Hollywood worthy vistas! .... and for just $3000 per person!!" Anne Ng, an eager traveller, responded to the advertisement by calling into the agency and making a booking. On this call, Anne was informed that some of the tours may in fact only run for 13 days due to changes in the weather. Anne ultimately went on the advertised tour but was quite disappointed with it. The weather was generally poor and on four separate days the tour participants were given 'free' days when they were left to their own devices. She was also required to purchase her own dinner on six of the tour days. Also, the tour only ended up running for 11 days due to unexpected weather conditions. Using the IRAC method, advise Anne if she can make a claim against Deluxe Experience Travel Agency Pty Ltd for misleading and deceptive conduct under the Australian Consumer Law.