Exclusion Clauses

It is Fred's $50$th birthday and in order to celebrate the special day, he and his wife, Daphne,

book a three$-$night stay in June $2020$ at the Spooky Cauldron, a luxury hotel in Potterdam.

They have stayed there over ten times in the past two years, but the hotel is now under new

ownership and they are keen to see what changes the new owners have made. They pay

for their hotel room over the telephone and receive, by e$-$mail, confirmation of their

booking. The e$-$mail ends with the following statement:

"For additional terms and conditions, see signage inside the hotel."

Daphne and Fred arrive at the Spooky Cauldron. On the first evening of their stay, the

guests are invited to attend a performance, by hotel staff, of 'Chiller' a zombie$-$themed

musical. Fred and Daphne are lucky enough to sit on the front row. During a particularly

energetic part of the show, due to the negligence of the performers, Daphne's brand$-$new

camera $($which is stored safely beside her seat$)$ is damaged beyond repair. On the way back

to their hotel room Fred falls on some uneven carpet, breaking his arm. When they

complain to the hotel manager, she points to a sign above the reception desk which states:

"The Spooky Cauldron will not accept responsibility for any loss or damage suffered by

customers."

Advise Fred and Daphne as to whether or not the clause which states "The Spooky

Cauldron will not accept responsibility for any loss or damage suffered by

customers" will prevent them from claiming for the loss and damage suffered.