Lea booked accommodation to stay at the “Royale on Park” hotel in Sydney. She has stayed in this hotel on two previous occasions. Upon arrival she checked in at the lobby. She was asked to provide her credit card details and she was given a swipe card to access her room. During her stay she used the safe that was provided in her room to store her valuable diamond necklace. One evening, Lea returned to her room after going out for dinner with friends to find that although there were no signs of break in, the safe was open and her diamond necklace was gone. When she complained to the hotel manager he directed her attention to a sign on the wall in her room that stated: “Hotel management takes no responsibility whatsoever for any goods or valuables which are lost, damaged or stolen while staying at the hotel.” A police investigation into the disappearance of the necklace subsequently revealed that the necklace had been stolen by a hotel employee, but the necklace was not recovered.
ISSUE:
Is the hotel entitled to rely on the disclaimer to prevent Lea from succeeding in a claim against the hotel for compensation for the stolen diamond necklace?
SUB – ISSUES:
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