Problem
Pongo is a journalist who travels a great deal for work. Pongo will be flying to a remote part of Western Australia for an environmental story he has a lead on. He will be traveling by regional jet to regional WA and then go by 4WD driving tour for three days. During this time the tour is to take him to 4 spots of environmental significance where he will meet with locals and interview them.
Pongo will be flying RegionalWA airlines. When he arrived at his destination he is given his luggage when disembarking and is required to walk it across the tarmac. His suitcase has been very badly knocked about and scratched. He is very worried the condition of his equipment which is contained inside.
1. Does the airline have a duty of care to look after Pongo's luggage?
The four wheel drive tour was supposed to stop in 4 destinations. However due to extreme weather events 3 of those destinations have come difficult to reach. These tour company did not provide this information to Pongo and Pongo only discovers the changes when they tour does not take the exit to one of the destinations. Instead the tour will reroute through three other towns. Pongo is extremely frustrated as he will not be able to do his report without going to these destinations. Pongo protests the change. The tour guide says the these road are not safe and changes have to be made to keep everyone's safety.
2. Can the tour company make these last minute changes? Did they have an obligation to provide this information to Pongo?
That night they stop in the Roadside Inn. Pongo booked this 4WD tour specifically because the motels are all 4 star and are advertised to be clean, safe and have onsite restaurants where he can eat. When they arrive at the Roadside Inn, Pongo very quickly discovers that this was inaccurate. The rooms are small, dirty, full of cockroaches and the hotel is definitely not four star. The advertised onsite restaurant consists of a fridge with pies and pasties of indeterminate age that can be heated in the provide microwave. When Pongo goes to complain to the manager, the manager shrugs and walk off.
3. Pongo booked this hotel through the 4WD tour company and would like to know if there is any course of action he can take.