Question 2(11 marks)

(Terms of contract)

six hundred words

Sandhy borrowed a bicycle from Zuko's bicycles, a self-serviced operation, for the first time. The bicycles can be found at various stations around town and locked in a park while not in use. A sign on a pillar next to the bicycles listed the various charges and conditions. It also stated that users needed to download their app to use a bicycle and included a QR code for quick reference. Once he found a bicycle he wanted to use, Sandhy was issued a ticket through the associated app.

Sandhy was injured later when he returned the bicycle to the locking mechanism. Sandhy claimed damages from Zuko's bicycles. The company attempted to rely on a condition exempting it from liability. On each ticket, in small print, were the words 'Issued subject to conditions displayed at the bicycle station'. On the pillar next to the bicycles were printed eight conditions, the second of which exempted Zuko's Bicycles from liability for any injury to a customer whilst parking the bicycle

Required:

Could Zuko's Bicycles successfully rely on the exemption clause to protect it from any action by Sandhy?