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Unformatted text preview: outdoor bathroom as well as an outdoor Jacuzzi. The highly attractive
package price of $500 per room per night included all land transfers, meals, spa treatment
and massages, but excluded airfare.
P was attended to by Xiao, one of MT’s employees. When questioned by P as to whether
it would be too cold in November to fully enjoy the outdoor facilities of the resort
(particularly the use of the outdoor Jacuzzi), Xiao, who had such information available at
hand but who was nevertheless too lazy to look it up, simply replied: “Not cold lah! I
wouldn’t worry if I were you!”. Convinced by Xiao’s suave salesmanship, P placed a
booking with MT for a 5-night stay at “Smurfy Resort” and paid up $2,500 in full to
Xiao. P also signed a standard tour booking form, which contained, inter alia, the
following clause in bold fonts:
‘Neither Mah-Tee Holidays Pte Ltd nor its employees shall be liable whatsoever
for any loss or damage howsoever arising or resulting from the customer’s
booking of any tour package.’
Since this 5-night booking did not include airfare, P took the opportunity to consult Xiao
on flight bookings as well. P usually prefers to fly on Aloha Air (“AA”) because of their
superior inflight service. However, in his usual lazy self and without bothering to check
the relevant airport timetables which were available, Xiao told P that the only airline
which flies to and from Tin Tin island was Ding Dong Air (“DDA”). Given this
information, P walked over to the DDA travel booth and booked for herself a return flight
to Tin Tin island on DDA for $2,000, which she paid DDA in full.
Unfortunately, P’s holiday turned out to be a disaster. Temperatures on Tin Tin island in
the month of November usually hovered between 10 degrees Celsius in the day and 2
degrees Celsius at night. Obviously, P had no chance whatsoever to utilise the resort’s
outdoor facilities and the outdoor Jacuzzi (which was unheated). There were however
heated, indoor Jacuzzis available at the resor...
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This document was uploaded on 04/07/2014.
- Spring '14