Exemption Clauses

Simon, a commercial traveler, when visiting potential clients in Exeter, regularly stayed at the Excelsior Hotel.  On leaving hospital and having inspected his car at the local garage, Simon decided to have a few days’ holiday to recover from his trauma. He rang up and booked at the luxurious Red Lion Hotel in Windermere. Arriving at the hotel he found the reception extremely busy with a coach party. Whilst waiting he read a notice headed “Terms and Conditions” on the wall. Clause 3 stated that the hotel would not be liable for any losses caused to a client by virtue of the hotel being overbooked. When Simon’s turn in the queue came, he was told that the hotel could not offer him any accommodation. Simon protested that he had booked in advance, but this was to no avail, the manager pointing out the clause in the terms and conditions.

Advise as to whether the exemption clauses will prevent Simon from being successful in his actions against the Excelsior and Red Lion Hotels.