Question
Fred and Ginger love visiting the Hunter Valley for its wines and restaurants. They drove up one Thursday morning and went to a boutique hotel
Fred and Ginger love visiting the Hunter Valley for its wines and restaurants. They drove up one Thursday morning and went to a boutique hotel called GrapeView to see if they had a vacancy for the night. They did, so Fred and Ginger offered their joint credit card, paying for their stay, at the reception desk. This was their third stay at GrapeView. The receptionist says to them as they are heading towards their room, 'Do not forget to check the notice on the front door.' Ginger turns around and asks, 'What does it say?' to which the receptionist says 'It just outlines the usual rules for staying here, such as late comings and goings, noise etc. Please read it.'
Fred had seen a laminated piece of paper stuck on the front but did not bother to read it. This piece of paper stated amongst many sentences: 'The owners of the GrapeView Hotel are not liable or responsible for the loss or damage to any personal belongings or property, howsoever such loss or damage may arise or be caused'. Ginger did not see it, as Fred, when holding the door open for her, blocked it.
Whilst they are out of the room, a hotel cleaner had left the room unlocked whilst she went to get more bathroom toiletries and a rogue entered and stole Fred's Rolex watch and Ginger's expensive gold necklace. GrapeView tells Fred and Ginger that the hotel is not liable for the stolen jewellery because of the notice on the front door, which excludes their liability.
Fred and Ginger wish to know whether GrapeView is liable for the loss of the jewellery. Explain your answer with reference to relevant cases in contract law. Do not discuss under the Australian Consumer Law.
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