Akkel, a wealthy business man, has become depressed about the future of his business caused by the recent lockdown and fast-spreading of a new variant of deadly coronavirus. For recreation and revival from his depression, he somehow managed to fly out to Los Angeles (LA) from Sydney on 1 December 2021 for 7 days. He drove his new Mercedes-AMG One to the airport to catch a flight to LA and garaged his car with Evercare Airport Garage (Evercare) for the travel period and left the key with Evercare as required. Bakkel, garage manager, gave Akkel a receipt of deposit for the car, and the back side of the receipt contains a clear exclusion clause that "Evercare or any of its employees takes no responsibility for any damage or loss to the vehicle caused for any reason whatsoever while in the garage". Akkel did not read the exclusion clause. Bakkel inspected all garaged cars in the afternoon of the same day as part of his routine work and found that Akkel had garaged his car in a wrong place. While moving the car to park it in a right bay, Bakkel hits a concrete column causing significant damage to Akkel's car. Bakkel is now denying any responsibility for the damage relying on the aforesaid exclusion clause.

Your task: Advise Akkel on the potential of his success in claiming damages from Bakkel or Evercare for his car. Will your answer be different if Bakkel had drawn Akkel's attention to the exclusion clause when he gave the receipt, or Akkel knew about the clause from his previous dealings? You must discuss the enforceability of the exclusion clause in question for your answer referring to legislation and/or cases, as relevant, to support your arguments. You must follow ILAC in your advice.