Last month Albert and his family went to Langkawi for a holiday and stayed at Banyan Hotel. This has been their annual holiday destination for the last five years and they loved Banyan Hotel because it has a private beach and wonderful facilities.

On the second day of their holiday, Albert decided to keep his brand-new Rolex watch and his RM50,000 in the safe deposit box available in the hotel before going out to spend the day at one of the islands for snorkelling. A sign placed just next to the safe deposit box stated the following, "All personal belongings and valuables deposited will be at owner's risk. The management of the hotel will not be liable for the loss of money or valuables." When Albert and his family returned to the hotel later in the evening, he discovered the safe deposit box missing along with all his valuables.

Advise the Hotel whether they can rely on the exclusion clause now that Albert wishes to sue them?

(30 marks)