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In November, Moira and Alex, Wishing to Get Away to a Sunny

Question 48

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In November, Moira and Alex, wishing to get away to a sunny climate, visited the office of Relax Travel Co., and discussed a number of possible destinations with one of the travel agents. The agent described five different locations and the hotels at each. One location in particular, the Five Star Hotel on the island of Trinidad, was highly recommended by the agent, who described the property as a "luxurious, club-like atmosphere, directly on the beach in a tropical paradise." She gave Moira and Alex a detailed explanation of the hotel facilities and the rooms, and then gave them colourful brochures about the hotel and island. The brochure had been prepared and provided to the agents by the travel wholesale company, Sunwest Skies, which was offering the trips. Moira and Alex asked the agent if she had ever visited the hotel. She replied that she had not, however she had attended an extensive briefing given by Sunwest Skies for agents, covering this and other properties. Several days later, Moira and Alex decided to go to that particular hotel and revisited the agent where they booked and paid for the trip. When they arrived in Trinidad, the couple discovered that their hotel was under construction, and no guest rooms were ready for occupancy. They were taken instead to a dilapidated hotel offering few services, located in the middle of a town twenty minutes from the beach. Discuss the rights and liabilities of the parties.

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