Question: Case - Exemption Clause On Monday evening Mr. and Mrs. Wong arrived at the Hotel Reception of the HK Classy Hotel for a one week
Case - Exemption Clause
On Monday evening Mr. and Mrs. Wong arrived at the Hotel Reception of the HK Classy Hotel for a one week stay and paid in advance.
On Tuesday morning Mrs. Wong's computer was stolen from the hotel bedroom while they were out shopping. Mrs. Wong now demands compensation for the stolen computer from the hotel.
However, the Manager of the HK Classy Hotel points to an exemption clause on a notice behind a door in the bedroom leading to a washbasin, which reads as follows:
"The proprietors of HK Classy Hotel Ltd do not, under any circumstances hold themselves responsible for any articles lost or stolen, unless handed to the Manager for safe custody."
On Wednesday Mr. Wong trips on the carpet in the hotel reception and breaks his arm. After visiting the doctor, the Manager of HK Classy Hotel apologizes for the accident.
However, the Manager also points out to Mr. Wong an additional exemption clause on the walls of each bedroom and in the hotel reception. The Manager explains that is a standard clause in Hong Kong contract law.
The clause reads as follows:
"Exclusion from liability for negligence resulting in personal injury. The proprietors of HK Classy Hotel and its employees are not responsible for the payment of any damages or for any other claims resulting from any personal injury incurred by the guests of the hotel as a result of negligence by the proprietors or the negligence of hotel employees."
You are required to advise Mr. and Mrs. Wong of their respective legal positions regarding the exception clause
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
