Question 2 (50 marks)

Dwayne and Carleen are also staying at the Palm Cedar Lodge for their five year wedding an- niversary. The vacation was organized by Dwayne as a surprise for Carleen. Before their arrival Dwayne was in contact with the Palm Cedar Lodge reservations team in order to plan out the va- cation so that it would be perfect, and in budget. He had a few important matters that he wanted to discuss before booking. The first was that he wanted the hotel room to be decorated in a very

specific way. Since he and Carleen met in high school and it was at a school dance that he first told Carleen that he loved her, Dwayne would like the hotel room to be decorated in the same thyme as their high school dance in order to re-create the moment. He has sent a picture of the dance to the reservations team who have said that it would be no problem to decorate the room as such. The high school dance theme was Sweet-Sweetheart and in the photograph everything is covered in giant red hearts made from fresh red roses. Dwayne stresses the importance of the room decoration as he intends to declare his love for Carleen for the second time in the re-cre- ation of the dance. The second requirement that Dwayne has is that he would like a private din- ner organized in the panorama tower of the hotel, just for the two of them. The panorama tower is often used in the evenings for star-gazing fitness pilates and yoga, but the reservations team tell Dwayne that they can cancel the class for that evening so that Dwayne and Carleen can have exclusive use of the tower. The final request that Dwayne has is that on their arrival at the hotel he would like Carleen's favorite alcoholic drink waiting at reception - a pink fizz sparkler. He sends the recipe for the drink to reservation to ensure that the bar in able to replicate it properly. Dwayne books the accommodation.

On arrival at the hotel Carleen is very impressed, but Dwayne is very surprised when they ap- proach the reception desk and no pink fizz sparkler is waiting for them. When he inquires after the drink, he receives profuse apologies from the reception staff who hurry to inform the bar of the request. Unfortunately the key ingredient in a pink fizz sparkler is raspberries and the bar is completely out of raspberries.

Dwayne and Carleen are shown to their room and upon entering both Dwayne and Carleen are confused. Rather than the high school dance theme of giant hearts made of roses, the hotel has instead created an enormous flower mural on one wall of the room that shows a couple holding hands and walking on the beach. While it is very beautiful and has evidently taken a lot of time and effort, Dwayne is disappointed that the Sweet-Sweetheart theme was not re-created at all.

By this point Dwayne is not that surprised when they arrive at the panorama tower for dinner and find that the tower has been split into two, with a dainty silk curtain hanging down the middle. On one side is their beautifully set up dinner, with candles and flowers, and on the other side are a neat row of yoga mats. When Dwayne asks why the class has not been cancelled, the waiter apologizes and says that they were unable to cancel the class because actress Liddy Harelson is staying with them and she wanted to do the class.

Even though their stay was very nice and Carleen enjoyed it very much, Dwayne is not very im- pressed with Palm Cedar Lodge as he feels that the personal touches he wanted to bring to the vacation were not implemented as discussed.

a) Dwayne comes to you for advice. Dwayne wants to know whether he is able to get all or part of his money back for the vacation. (30 marks)

On the third day of their vacation Dwayne is surprised to see an old acquaintance of his, Frank- lin, while walking along the beach with Carleen. Franklin is busy carrying crates of food to a sailing boat that is waiting by one of the piers. After they greet each other, Dwayne asks what Franklin is doing, to which Franklin explains that he and his family are sailing out for the day. Dwayne and Franklin know each other as they worked for the same insurance company for many years, but in different divisions. They usually saw each other in passing in the morning and sometimes came across each other in the lunchroom. They have always enjoyed discussing clients that they have in common both in terms of the insurance being provided to the client from their different divisions, but also every now and again, to have a bit of a gossip.

Dwayne and Franklin haven't really spoken to each for quite a long time. After working at the insurance firm for six years, Dwayne was offered a different position at another firm which he accepted. By way of catching up, Franklin inquires about Dwayne's current position and gives him all the news from the insurance firm. They are enjoying the discussion quite a bit and even- tually Franklin asks Dwayne and Carleen if they would like to join his family on the boat to go

sailing. Dwayne and Carleen are pretty keen. Dwayne takes one of the heavy crates and follows Franklin toward the boat. Franklin explains that they hired the boat for two days and it was very costly. He turns and winks at Dwayne, saying, "Well not too expensive now that you're here. We can split the costs!" Dwayne laughs, "Just put it on my hotel tab, but hurry up because this crate weighs a ton!"

Franklin climbs onto the boat and takes the crate from Dwayne before replying, "I'll set up a deck chair for you so you can rest your muscles". Before Dwayne and Carleen climb up onto the boat, Dwayne rushes to a nearby store and buys a range of blow-up tires for Franklin's two chil- dren. Climbing on board, he hands the new packages to Franklin and then sinks down into the deck chair for the next two hours.

When Dwayne and Carleen check out of the hotel, Dwayne sees an unexpected charge on his bill and inquires with reception as to what it is for. The reception staff inform Dwayne that the charge is half the boat rental fees. Dwayne is very surprised - he had thought that Franklin was joking and never actually expected the charge to be made to his account. The charge is quite large and throws Dwayne's carefully planned budget completely out.

b) Dwayne comes to you for advice as to whether he is liable for the half of the boat fees. (20 marks)