Sparkling Tours offers tours of local wineries in the Australian Capital Territory (ACT). The website describes the tour package as:

• All inclusive five star luxury
• Travel in a luxury coach
• Expert guided tours of four wineries
• Gourmet lunch.

Claire books a tour for herself and 6 friends. She signs the contract for the group and pays a 50% deposit. Claire's friends reimburse her.

Bushfires spread across the ACT the week before the tour and many roads close. Claire calls Sparkling Tours the day before the tour to ask if the event will be cancelled. Whitby, the tour guide, tells her: 'It's all good, see you tomorrow'. Claire transfers the balance owing.

The group arrive at the departure point on the day of the tour. Whitby tells them that the luxury coach was damaged in the fire and they must travel on an old school bus instead. The old bus is uncomfortable. Further, due to road closures the group will visit only one winery. The winery has a very limited range of wines and the lunch is of poor quality.

Everyone is unhappy with the experience. Claire finds out that Sparkling Tours knew about the road closures days before the event. Sparkling Tours did not cancel or reschedule the event for financial reasons.

Can Claire bring any action against Sparkling Tours in contract? Can other members of the group bring an action if Claire refuses to? (25 marks)

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