Question 5

Tom often travels to Malaysia using the bus service offered by Comfy ToursSdnBhd('Comfy'). The following is the sequence of events preceding the issuing of the bus ticket to Tom atComfy'soffice:

(1) Tom informsComfy'sticketing officer, Jane, of his intended destination;

(2) Jane quotes Tom the fare;

(3) Tom pays cash;

(4) Jane issues Tom a machine printed ticket.

There are notices, containing identical terms of carriage, posted atComfy'soffice and on the back of the printed ticket. Amongst the terms, there was an exclusion clause in red font and bold print which reads:'You agree that Comfy shall not be liable to you for any injury suffered by you as a passenger, arising from any acts or omissions of Comfy or their employees, whether those acts or omissions were negligent or otherwise.'

It turned out that Tom suffered a broken arm when the bus crashed. The accident was caused by the bus driver's negligence.

Advise Tom whether the exclusion clause is effective to excludeComfy'sliability should Tom sue Comfy for his injury.