Booking form to remove the indemnity clause

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Reference no: EM133800424

Question

Michael is extremely overworked and decides to take a break and book a stay in a new luxury hotel in Cape Town, known as "Western Sun". During the telephonic confirmation of the booking, Michael is informed by the hotel manager that a written booking form will be sent through as confirmation of his booking, which Michael is required to sign and return to the hotel as an indication that he accepts the terms and conditions of his stay. Stated on the booking form is the following clause: Western Sun shall accept no liability for any losses incurred by guests while staying at the Western Sun. All guests agree to remain responsible for their property at all times during their stay at the Western Sun. Michael is very busy and does not read the form, but simply signs and returns it to the hotel. During his stay, Michael's valuable watch disappears from his room. Michael wants to hold the hotel liable, stating that they were negligent in not protecting his property whilst staying on the premises. However, the legal team of the Western Sun informs Michael that he signed a contract, and that he is bound by its terms. Michael wants to know if the contract (booking form) can be amended and approaches you for advice.

Discuss and determine whether Michael may amend the booking form to remove the indemnity clause.

Reference no: EM133800424

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