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Scenario 3 Reka and Roxanne were thrilled with the legalization of same - sex marriage. They made elaborate plans for their wedding in Provence in
Scenario Reka and Roxanne were thrilled with the legalization of samesex marriage. They made elaborate plans for their wedding in Provence in the south of France. They made their travel and accommodation arrangements online through the For Couples Only Inc travel agency. The agencys website had an icon titled Application which they clicked. They completed and submitted the application form, together with the payment for the trip. The destination selected for them and their guests was the Villa Toscane, described as a luxurious country house on five acres of land only five minutes from the centre of AixenProvence. The description and photographs showed a large kitchen, dining area, heated pool, five bedrooms each with its own ensuite bathroom private tennis court, and a small chalet on the grounds for guests. Additional amenities included air conditioning, daily maid service, broadband WiFi Internet, a wine cellar, a pool house, and a fishpond with waterfalls. The description concluded with words that it was ideal for weddings and family celebrations. Unfortunately, their visit to the Villa Toscane was not a success. On arrival they discovered that the pool, tennis court, fishpond, and private chalet were under renovation and not usable for them and their guests. As well, the maid had recently quit and had not been replaced. After their return, Reka and Roxanne commenced a legal action against For Couples Only for breach of contract. The company denied liability, referring the couple to the disclaimer of liability in a separate document, with the title in all caps, ADDITIONAL INFORMATION PLEASE CLICK, appended to the online application form after the signature block. When a person clicked on these words, the following disclaimer clause in bold print and all caps appeared on the screen: FOR COUPLES ONLY INC. ASSUMES NO LIABILITY FOR ANY LOSS, COSTS, DAMAGES OR ANY OTHER LIABILITY ARISING OUT OF THE ALLINCLUSIVE VACATION SELECTED BY THE CUSTOMER. Reka and Roxanne acknowledged noticing a document appended to the application form titled ADDITIONAL INFORMATION PLEASE CLICK, but they said that they completed and submitted the application form without bothering to click on the link. Question: What are the arguments for and against the claim for breach of contract?
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