Wallace and Jean book a bus tour going from Adelaide to the Barossa wine region for a short holiday with Hills Tours. They purchase their tickets from the local travel agent and the tickets are to be collected at the point of departure. Just before getting on the bus, when they are collecting their tickets, they are asked to sign a document that confirms their personal details. They think it is simply a receipt for the tickets.

As they travel out of Adelaide, Jean takes off her seat belt and goes to the baggage compartment to collect a book she is reading. Just as she was doing this, the bus brakes suddenly and Jean falls and breaks her wrist and suffers nervous shock, which all but ruins the holiday.

When Jean sues Hills Tours for damages for her injury and the loss of enjoyment of her holiday, the company draws Jean's attention to a clause in the printed form that she had signed that stated that Hills Tours was not liable for any injury, howsoever that injury is caused to passengers not wearing a seatbelt.

Required:

Advise Jean whether she can successfully sue Hills Tours for damages for her injury and the loss of enjoyment of her holiday.

In your answer refer to any relevant principles of law or legislation relating to negligence and the enforceability of exemption clauses and illustrate your answer with appropriate cases and/or legislation.