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Polly arrives at the Fawlty Towers Guesthouse intending to stay the night. She pays for her room in advance at reception. There is no written agreement regarding her stay. She is shown to her room by Manuel, the porter. On the wall of her room she sees a notice by which the Fawlty Towers Guesthouse disclaim liability for loss of valuables unless handed to the management for safe keeping. Polly locks her room and hands the key to Manuel at reception. A thief obtained the key and stole an expensive watch and a necklace from Polly’s room. The Fawlty Towers Guesthouse intend to rely on the exclusion clause, disclaiming liability. What is the position? A. The clause is incorporated in the contract but the Fawlty Towers Guesthouse will not be able to rely on it because of the contra proferentem rule. B. The clause is not incorporated into the contract as Polly was not made aware of it when she paid for her room. C. The clause is unreasonable, UCTA 1977. D. The clause is not incorporated as Polly has not signed a document containing the clause. |