Bart owns a business for guided tours through the Australian National Park

on the New South Wales - Queensland boarder called Springfield Guided Tours. The tours are two (2) days in duration and involve hiking, foraging, camping and exploration of off-track areas. Bart offers the guided tours throughout the year with tours running regardless of the weather conditions.

On 1 August 2018 Lisa and her friend, Alice, decided to book a guided tour in celebration of their 10 year friendship. The trip is scheduled for February 2019. Lisa had learnt about Springfield Guided Tours through their website. She had initially seen an advertisement for their guided tours on Facebook. The website included a link to the business's terms and conditions. Lisa decided to book over the phone rather than through the website as she had a few questions to ask Bart. After asking her questions, Lisa decided to book the tour. Fifteen minutes later she received a confirmation email which provided a further link to the terms and conditions of Springfield Guided Tour

Lisa and Alice arrived bright and early, ready to set off with Bart on 10 February 2019. On this day Bart was a bit distracted by some personal events and misread his map. This meant that by dusk the group was kilometres off course. Bart made the decision to take a short-cut to get the group back on track, however the particular short-cut Bart picked was through terrain which was well known to be treacherous and to have rockslides occur after heavy rainfall. In the previous week, there had been double the rainfall expected for February following a cyclone off the Queensland coast. Other guides in the area were avoiding going off-track following the previous week's weather.

Whilst the group were 'bush bashing' off-track, they decided to stop for lunch in a shady area protected by a cliff above. During lunch 4 large rocks fell off the cliff above them. The group quickly ran from danger however Lisa and Alice both tripped on the rough terrain and badly sprained their ankles. One of the larger rocks landed on Lisa's backpack and her expensive camera was damaged beyond repair. The group eventually made it to a nearby village several kilometres from their intended overnight camping spot (they later found out the camp was flooded). At the village, Bart informed the group that the trip has been cancelled and "this is the end of the road for this tour". Bart called a friend to pick him up and left the village, however Lisa and Alice had no option but to check-in to the local B&B to recover and rest their ankles as it was late at night. The B&B cost $150 for the night. Upon returning home, Lisa and Alice both went to see their GP as their ankles were still inflamed and sore. Alice had scans and it turned out she had a small break which would require her to take a week off work. Lisa rang Bart to complain. Bart referred Lisa to the exclusion clause quoted above and said "too bad, these things happen".

1. Advise on a potential claim by Lisa and Alice against Springfield Guided Tours in negligence. Identify all possible negligence claims as they relate to Lisa and Alice. Specifically, you should consider all the elements required to bring a claim in negligence for injuries, loss of possessions and other additional expenses. Do not discuss any defences to a negligence claim in this part of your report.

2. Advise the exclusion clause negates liability.

Use case law examples where possible to support your arguments and cite relevant section(s) of any legislation used. The IRAC/ILAC approach should be applied in this report (see further advice below)