Question 1 (20 marks) Vincenzo Franco and his family had come from Italy to visi
ID: 1139504 • Letter: Q
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Question 1 (20 marks) Vincenzo Franco and his family had come from Italy to visit relatives in Australia, decided that they would like to book a trip to Mount Hotham (Ski Resort) in Victoria. They had done a lot of research online about the activities and services available at Mount Hotham. They found a resort called "Scenic Views", it advertised that all their guest suites had open-fire places, TVs and Cable, a spa bathroom and spectacular panoramic views from a private balcony looking out on the snowfields and the snow covered mountains. As Vincenzo Franco, did not speak very good English, he was having difficulty understanding the terms and conditions relating to booking at the resort. He decided that it was better if he went to see one of the marketing managers from Scenic Views at offices that they had in Melbourne rather than make the booking on the website When Vincenzo arrived at the offices of Scenic Views, he spoke directly to Mr George Smith (Marketing Manager). Vincenzo with his broken English explained to George that he wanted to book one guest suite at Scenic Views. George provided Vincenzo with a lot of detail about the hotel booking process and his options but he was not sure whether Vincenzo actually understood what he was saying Vincenzo asked about the price for 7 nights all inclusive and George responded $350 per night. Vincenzo thought it sounded quite expensive but because it was all inclusive he decided to book for the 7 nights. Despite the information that George provided when Vincenzo and his family arrived they discovered that not all the rooms had private balconies or panoramic views. Vincenzo was very upset as this was not what he was expecting. Instead of the private balcony and panoramic views that he was expecting, his room was facing a grey wall from another building and had no balcony at all Vincenzo called George to complain and asked for and upgrade to a suite with a private balcony and panoramic views. George advised him that because it was peak season everything was fully booked Vincenzo was very unhappy and not satisfied with the level of service and did not want to stay there and get a refund for the 7 nights that he paid for. However George explained to Vincenzo that according to the terms and conditions from Scenic Views Hotel they could not refund the money and that there was normally a cancellation fee of 3 nights accommodation. Vincenzo was very angry but did not know what to do... He was becoming increasingly frustrated because of his English. He was convinced that George, the Marketing Manager was not acting in good faith.Explanation / Answer
2) The Australian consumer law will be enacted as a schedule to the trade practice Act 1974 , which itself will be renamed as the more apt competition and consumer Act 2010.
As recommended by the productivity comisscomm the exustexi provisions of trade practices act will be the stepping off point for the new law as part of this process the existing provisions af the Act dealing with unconscionable conduct, unfair practice , pyramid selling enforcement power , penalties and remedies.
Consumer guareguar : the austrAustr consumer law sets out consumer right that are called consumer guarantee . These include your right to a repair , replacement or refund as well as compensation for damage and loss and being able to canclc a faulty service.
Significance : be of acceptable quality , be fit for any particular purpose you have told the supplier . Have spare part and repair facilities available .
The rights : if the product that fails to meet one or more of the consumer guarantee they are entitled to a remedy either a repair , replacement or refund and compensation for any consequential loss depending on the circumstances .
If the problems is major or can't be fixed the consumer can choose to : reject the goods and obtain a full refund or replacement or keep the goods and seek compensation for the reduction in the value of goods . Terminate the contract for services and obtain a full refund .
The ACCC welcomes legislation that has passed federal parliament today to increase maximum financial penalties under the austAustra consumer law ( ACL)
Remedies : the ACCC has accepted a count enforcabenf undertaking from Fitbit to amend information they provide to customer about their consumer . In fact he must provide a remedy for faulty goods to comply with their ACL consumer guarantee obligation .
The maximum penalties per breach of the ACL including unconscionable conduct making false or misleading representation and supplying consumer goods or certain services that do not comply with safety standards or which are banned .
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