Olley v Marlborough Court Ltd

Mrs Olley was a long-staying resident of the Marlborough Court Hotel, Lancaster Gate, London.

A witness called Colonel Crerer, who was sitting in the lounge, saw a person go in and come out again with a parcel fifteen minutes later.

The hotel pointed to an exclusion clause on a notice behind a door in the bedroom leading to a washbasin, which said, "The proprietors will not hold themselves responsible for articles lost or stolen, unless handed to the manageress for safe custody.

The only other point in the case is whether the hotel company are protected by the notice which they put in the bedrooms, "The proprietors will not hold themselves responsible for articles lost or stolen, unless handed to the manageress for safe custody."

A prominent public notice which is plain for him to see when he makes the contract or an express oral stipulation would, no doubt, have the same effect.

(See Chapelton v. Barry Urban District Council) So, also, in my opinion, notices put up in bedrooms do not of themselves make a contract.

Assuming, however, that Mrs. Olley did agree to be bound by the terms of this notice, there remains the question whether on its true interpretation it exempted the hotel company from liability for their own negligence.

It is unnecessary to go further and to construe the notice as a contractual exemption of the hotel company from their common law liability for negligence.