Casavant v. Norwegian Cruise Line, Ltd

829 N.E.2d 1171 (2005)

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Nature of the Case

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Facts

The record reflects that Ps purchase cruise tickets from D and D had not provided information concerning a forum selection clause -- or for that matter, the contractual terms and conditions, including limitations on D's liability -- until close to one year after the original booking, two months after full payment of the $ 2,017.50 cruise price, and approximately thirteen days before the sail date. In September 2001, approximately a week after receiving the ticketing contract, Ps communicated with D 'to inform D that they were unwilling to proceed with the September 16 voyage, and to request rescheduling of their cruise to a later date.' Three additional such requests were transmitted by Ps. All were denied by D. P then followed with a letter dated September 17, 2001, in which they reiterated their trepidations based on the recent terror attack on 9-11. Ps were worried because the attacks on 9-11 originated in the Boston area. Also, there was a bomb scare in Boston Harbor on Sunday, September 16, 2001. D refused to refund or credit and told Ps they should have obtained travel insurance to cover unforeseen circumstances. P sued D. D filed a motion to dismiss the complaint based on a forum selection clause set forth in the ticketing contract, which required that litigation be filed in Florida. Judgment was entered dismissing the complaint based on this forum selection clause. Ps appealed.