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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.

  1. 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 responded to the advertisement by calling into the agency, but was informed that should she desire, as requested, private accommodation, her fare would be $3500, as the advertised price was based on twin share accommodation. She was also informed that some of the tours may in fact only run for 13 days.

Anne ultimately went on the advertised tour but was 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 12 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 Australian Consumer Law.

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