Highlights
Task:
On 1 November, Leung Hotel (LH) posted the following offer on its website: “Pre- Christmas offer: book an ocean-view deluxe room for two nights only for HKD3,000 (all-inclusive). Only limited rooms are available. If you book by 10 November, get a free buffet breakfast. Experience Hong Kong’s best hotel!” Rene has been thinking of taking a break from office stress. After learning about LH’s offer, Rene browsed through LH’s website to know more about the hotel and its offer. In particular, she checked the hotel pictures and noticed that all deluxe rooms have a kitchenette. To double confirm that deluxe rooms have an ocean view, Rene checked customer reviews about LH on a popular website, HotelAdvisor.com. After being satisfied with reviews, on 7 November, Rene booked a deluxe room for two nights (23-25 November). On 23 November, when Rene was checking in, and LH staff told Rene: “Madam, as the hotel is overbooked, we will be able to offer you a free buffet breakfast only for one day. Hope you will not mind; in any case, you might not have booked the room just for the breakfast!” Rene could not believe this, but she remained quiet as she was in no mood to pick a fight. Rene went to her room and realized that she could see the ocean only from her bathroom window. Moreover, there was no kitchenette in her room. Rene became very upset and complained to the LH manager about this. The manager replied: “Madam, the view of the ocean varies from room to room, and we did not promise you a kitchenette. Enjoy your stay with us.” In the evening, Rene went to a nearby Thai restaurant, Karma, for dinner. Rene looked at Karma’s menu and requested red curry with rice for HKD180 and pointed towards a photo of this dish. However, Karma’s waiter somehow thought that Rene wanted curried rice, which was the next item on the menu and had the same price. When the waiter served curried rice to Rene, she said: “This is not what I had ordered! Please take this dish back, as I will not pay for it.” Karma, on the other hand, insisted that Rene should pay HKD180. On the morning of 24 November, Rene went to LH’s fitness center to do some exercise. The fitness center’s door had the following notice: “Guests should pay attention to their own safety and follow LH’s conditions of use displayed inside. LH shall not be responsible for any injuries caused to guests or damage caused to their items for any reason whatsoever.”
Inside the fitness center, the conditions of use stated, among others, the following:
1. Guests must wear shoes and other relevant sports gear to use any equipment.
2. Guests with a heart condition or other health issues should not use the fitness center.
If a guest damages any equipment, LH would charge a flat fee of HKD10,000.” Rene did not read the conditions of use and started using the treadmill. After ten minutes, Rene suddenly felt dizzy. Rene tried to use the emergency stop button on the treadmill, but it did not work. Consequently, Rene fell down and 2 injured her knees and head. In the process, her new smartphone was also damaged. At the time of check out from the hotel on 25 November, LH demanded HKD10,000 from Rene for damaging the treadmill’s emergency button. An LH staff told her: “Unless you pay this amount madam, you cannot leave the hotel. As you can see, we have security guards.” Rene unwillingly paid the amount and left the hotel under a lot of distress and frustration. Advise Rene about her contractual rights against LH and Karma.
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