Arianna Koori, CEO of Sanitech Ltd, chose Crystal Beach Resort (CBR) as the venue for the annual management retreat for her senior management team. She has built the company herself and because of that, these kinds of events are really important for her. CBR's Corporate Relations Manager, Lorraine, has advised her to sign a contract for 50 rooms and the main conference room (Flinders Room) with all meals included. As a result, the two concluded a contract. The contract contained several terms, including a clause that excluded all express or implied terms or conditions, statutory or otherwise, unless specifically included in the contract. Additionally, the website's booking terms and conditions stated that CBR is not responsible for any consequences resulting from non-performance, defects in the equipment or resort facilities, or services provided, no matter what the reasons are. However, during the retreat, the audio-visual equipment did not work, the air-conditioning failed, the lighting flickered constantly, and the food was of poor quality. 

Under these conditions, Arianna's company could not work properly. In addition, they were not offered a replacement conference room and it was not clearly communicated when the air conditioning and lighting would be repaired or how long it would take to repair them. Arianna confronted Lorraine, who apologized and assured her they were doing everything to minimize the disruptions, but it would take some time to sort things out. Arianna now asks us for legal advice and wants the money (98.000 $) back.

Would the Sanitech exclusion clause be considered a breach under the ACL?

Answer rating: 100% (QA)

I am not a lawyer but I can offer some general information The application of exclusion clauses such ... View the full answer