Problem
Toni and Jennifer booked a 4-day bus tour to Mudgee in New South Wales run by NSW Tour Group (NTG). They were to tour some wineries and see places of beauty in the area. They purchased their tickets from the local travel agent and the tickets were to be collected at the point of departure. Just before getting on the bus, as they were collecting their tickets, they were asked to sign a document to confirm their personal details. They thought it was simply a receipt for the collection of the tickets.
As they were traveling out of Sydney, Toni took off her seat belt and stood up to reach a book that she was reading which was in the overhead storage unit. Just as she was stretching upwards, the bus braked suddenly and Toni fell and broke her wrist, which all but ruined the holiday.
When Toni requested compensation for her injury and the loss of enjoyment of her holiday NTG drew Toni's attention to a clause in the printed form that she had signed which stated that NTG was not liable for any injuryhowsoever caused to passengers not wearing a seatbelt.
Advise Toni on the likelihood of successfully suing NTG for her medical costs and the loss of enjoyment of her holiday on a breach of contract claim only.