Case One
Charlie Jones, a
fireman for Boulder County, Colorado, saw an ad for the vacation ofhis dreams in the local, Boulder County
Gazette. The ad read, Seven days at
the wonderful luxury Windell resort, Cabo Mar, $1200 per person, all
inclusive. The ad featured a picture of
the front of the hotel with a person receiving a massage by the pool
superimposed over the hotel faade. The
ad went on to say how the hotel was located on the beach at Cabo San Lucas,
Mexico and in a wonderful tropical setting.
The ad also listed the name of a local travel agency, Jennifers Tours,
for booking purposes. In miniscule print at the bottom of the ad, blending with
the pattern of the iron railing, the ad went on to make a short disclaimer to
the effect that the amenities featured were not necessarily those
provided. Jones knew Jennifer Hooley,
the owner of the agency. Anxious for some time off in a warm climate, Jones
decided to Google the hotel name to verify that it was indeed a Windell hotel
as he knew Windell to be a reputable company. From Google, Jones was able to
confirm that the, Cabo Mar, was owned by Windell; he also noticed that the
same picture appeared on this website as he had first seen in the newspaper.
The site also showed pictures of what seemed to be spacious, well-appointed rooms
with queen sized beds. Excited by what
he saw, Jones called Jennifers Tours and booked the special he saw in the
newspaper ad.
Upon arrival,
Jones found that, while the hotels exterior looked like the pictures he saw,
the hotel was located mostly in the town of Cabo with only a very small
portion of the hotel facing beachfront. His room was smaller than on the
website and had only a twin bed. Jones
was told that if he wanted a bigger room he would have to pay an upgrade fee of
$500 for the seven days. He paid the
$500 because as a typical fireman, he was a tall, big man and needed more space
to sleep. As the trip went on, Jones
became increasingly uncomfortable with the, not included, fees that were
mounting up, but when he went to check out on the seventh day he found that he
was being charged for seven lunches.
Furious with how the company had treated him, Jones stormed across the
lobby to the managers office, but before he could get there, he slipped and
fell on the wet marble floor having been just washed by the maintenance
staff. The staff had placed a wet sign
on the floor, but it was hidden from
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