Betty and Bob are old age pensioners living in Carlton. Early in 2022 they decided to...

  

Transcribed Image Text:

Betty and Bob are old age pensioners living in Carlton. Early in 2022 they decided to holiday in Queensland later in the year and so began searching on the internet for suitable accommodation. When doing this they came upon a web site called "Gold Coast Apartments". On this site, the owners of apartments on Queensland's Gold Coast advertise their availability to prospective visitors. Using this site, the owner of a large block of apartments, Smit Pty Ltd, advertised one of its apartments in the following terms: Best holiday accommodation on the Gold Coast. Three-bedroom apartment, great location, great value. Provides perfect site from which to watch the Gold Coast's world-famous Christmas pageant. Betty and Bob were attracted by this advertisement. However, before responding, they looked for online reviews of the apartment and came upon one authored by a well-known Melbourne based influencer, Janice Jones. In her Blog, "Beautiful Gold Coast", Ms Jones lauded Smit's apartment as the most spacious one she had ever stayed in, commenting on its three bedrooms as one example of its size and comfort. Reassured by this review, Betty and Bob completed the online details required to secure the apartment for the period 1-7 December 2022 and paid the stipulated fee of $3,500. Unfortunately, the apartment was not as they had anticipated. In particular: (a) Although the apartment was near major tourist attractions, it was located on the top floor of the building and the building did not have a lift. As a result, Betty and Bob were required to walk up four flights of very steep stairs carrying their suitcases. This imposed a great strain on Bob's heart which has since required medical attention at considerable expense. (b) The apartment had only two separate bedrooms. There was a third bed located in a corner of the dining- living room, but that was all. This proved to be a problem for Betty and Bob as they had invited their teenage son and daughter to holiday with them and this arrangement did not suit the privacy they required. As a consequence, their enjoyment of their stay on the Gold Coast was very significantly reduced. (c) Betty discovered several apartments nearby that, upon inspection, provided far superior accommodation to theirs and which she and Bob would have much preferred. She has also learned that when Janice Jones visits the Gold Coast, she receives free use of Smit's apartment on the understanding that she will publish favourable reviews about it on her "Beautiful Gold Coast" Blog. (d) The family was unable to watch the Christmas pageant from their apartment, as they had hoped, because renovations to the building were being undertaken during November and December and these blocked their view. This further added to their disappointment with the apartment and to the distress they experienced by staying there. Betty and Bob are distressed by these events but are yet to decide what to do. However, they do wish to know whether, on these facts, there has been a contravention of the ACL. Please advise them. Betty and Bob are old age pensioners living in Carlton. Early in 2022 they decided to holiday in Queensland later in the year and so began searching on the internet for suitable accommodation. When doing this they came upon a web site called "Gold Coast Apartments". On this site, the owners of apartments on Queensland's Gold Coast advertise their availability to prospective visitors. Using this site, the owner of a large block of apartments, Smit Pty Ltd, advertised one of its apartments in the following terms: Best holiday accommodation on the Gold Coast. Three-bedroom apartment, great location, great value. Provides perfect site from which to watch the Gold Coast's world-famous Christmas pageant. Betty and Bob were attracted by this advertisement. However, before responding, they looked for online reviews of the apartment and came upon one authored by a well-known Melbourne based influencer, Janice Jones. In her Blog, "Beautiful Gold Coast", Ms Jones lauded Smit's apartment as the most spacious one she had ever stayed in, commenting on its three bedrooms as one example of its size and comfort. Reassured by this review, Betty and Bob completed the online details required to secure the apartment for the period 1-7 December 2022 and paid the stipulated fee of $3,500. Unfortunately, the apartment was not as they had anticipated. In particular: (a) Although the apartment was near major tourist attractions, it was located on the top floor of the building and the building did not have a lift. As a result, Betty and Bob were required to walk up four flights of very steep stairs carrying their suitcases. This imposed a great strain on Bob's heart which has since required medical attention at considerable expense. (b) The apartment had only two separate bedrooms. There was a third bed located in a corner of the dining- living room, but that was all. This proved to be a problem for Betty and Bob as they had invited their teenage son and daughter to holiday with them and this arrangement did not suit the privacy they required. As a consequence, their enjoyment of their stay on the Gold Coast was very significantly reduced. (c) Betty discovered several apartments nearby that, upon inspection, provided far superior accommodation to theirs and which she and Bob would have much preferred. She has also learned that when Janice Jones visits the Gold Coast, she receives free use of Smit's apartment on the understanding that she will publish favourable reviews about it on her "Beautiful Gold Coast" Blog. (d) The family was unable to watch the Christmas pageant from their apartment, as they had hoped, because renovations to the building were being undertaken during November and December and these blocked their view. This further added to their disappointment with the apartment and to the distress they experienced by staying there. Betty and Bob are distressed by these events but are yet to decide what to do. However, they do wish to know whether, on these facts, there has been a contravention of the ACL. Please advise them.

Answer rating: 100% (QA)

Misleading and Deceptive Conduct The advertisement from Smit Pty Ltd described the apartment as having three bedrooms being in a great location and pr... View the full answer