Do you think Alan will have any defence to Charlotte and Dan's claims based on the content of his website and the confirmation

Read the facts outlined below and then answer the questions posed based on the principles covered in the Contract and Tort Law section of the course. Alan owns a one-man business organising guided hiking trips along the Niagara Escarpment. A trip will involve hiking and foraging. Alan's trips are offered throughout the year and take place in all weather conditions. Charlotte booked a day trip with Alan for herself and Darren, her twin brother, as a joint- birthday celebration. The trip was scheduled for late January. Charlotte had learnt about Alan's trips through his website, which included a link to the business's terms and conditions Charlotte made her booking over the telephone and, in due course, she received a confirmation in the post. On the back of the confirmation letter was an extract from Alan's terms and conditions stating: Customers participate in Alan's holidays at their own risk. Alan excludes any liability, whether caused by breach of express or implied term, for loss suffered by customers on one of Alan's holidays. On the day of Charlotte and Darren's trip Alan misreads his map, which meant that by dusk the group was miles off course. To correct his mistake, Alan decided to take a short-cut to get the group back on track. The particular short-cut Alan chose was through terrain which was well known to be treacherous and which a competent guide would avoid during the winter months. Whilst the group were on the short-cut they were caught up in a land-slide. In the incident, both twins were badly bruised and their expensive hiking equipment was destroyed. They eventually made their way to a nearby village several miles from their intended destination where Alan told the twins that the trip would have to be abandoned. As it was now very late the twins incurred the additional expense of spending the night in the village pub. When Charlotte subsequently complained to Alan, Alan referred Charlotte to the exclusion clause quoted above