You have booked a holiday home through Accommodation Noosa Pty Ltd twelve months in advance.However,when you arrive at the Accommodation Noosa office to pick up the key,you are told that there has been an unfortunate double booking error,and the holiday home you had booked is no longer available.Accommodation Noosa offers you an alternative holiday home,but it is not as appealing as your original choice.Can you use s 18 of the Australian Consumer Law to bring an action against Accommodation Noosa?

Question

Quizplus · Accepted Answer

The Answer is Under Section 18 of the Australian Consumer Law (ACL), which is part of the Competition and Consumer Act 2010, a person must not engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This provision is designed to protect consumers from conduct that distorts their decision-making process or leads them to a conclusion that they would not have otherwise reached had they been provided with accurate information.

In the scenario described, where you have booked a holiday home through Accommodation Noosa Pty Ltd twelve months in advance and upon arrival are informed of a double booking error resulting in your booked accommodation being unavailable, there may be grounds to bring an action under Section 18 of the ACL.

To determine whether Accommodation Noosa has engaged in misleading or deceptive conduct, the following factors would be considered:

1. **Representation**: Was there a representation, either explicit or implied, that the holiday home would be available to you upon your arrival?

2. **Reliance**: Did you rely on this representation when making the booking and planning your holiday?

3. **Error**: Was the double booking error due to an oversight or system failure that could have been prevented with due diligence?

4. **Remedy**: Is the alternative holiday home offered by Accommodation Noosa of a significantly lower standard or value, and does it fail to meet the terms of your original agreement?

If it can be established that Accommodation Noosa's conduct led you to believe that the holiday home would be available and this belief was a significant factor in your decision to book with them, then their failure to provide the booked accommodation could be seen as misleading or deceptive conduct.

Furthermore, if the alternative accommodation is not comparable to what was originally booked, this could add weight to your claim that you have been misled, as the substitute does not meet the expectations set by the original booking.

Before taking legal action, it is advisable to attempt to resolve the issue directly with Accommodation Noosa. You may request compensation, such as a discount or a refund, or insist on alternative accommodation that is of equal or greater value to your original booking. If a satisfactory resolution cannot be reached, you may consider lodging a complaint with the relevant consumer protection agency in your state or territory, or seeking legal advice on pursuing a claim under Section 18 of the ACL.

It is important to note that each case is unique, and the outcome would depend on the specific facts and evidence available. Legal advice should be sought to assess the merits of any potential claim under the Australian Consumer Law.

You Have Booked a Holiday Home Through Accommodation Noosa Pty