Cruise Ship Law

LICENSED PRACTICAL NURSES, TECHNICIANS AND HEALTH CAREWORKERS OF NEW YORK, INC., Plaintiff, -v- ULYSSES CRUISES, INC., d/b/a PREMIER CRUISES, Defendant.

00 Civ. 4349 (GEL)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2000 U.S. Dist. LEXIS 16619
November 14, 2000, Decided
November 15, 2000, Filed

OVERVIEW: Plaintiff union purchased tickets for their members on defendant's cruse ship to hold a meeting. The tickets contained provisions for where a law suit should be brought and stated that any suit must be brought within one year. Plaintiff brought their action after one year and in a court other that those listed on the ticket. The court held that since the union purchased the tickets for its members they were bound by the ticket's terms. The court found that presence of a forum-selection clause did not deprive the disfavored forum of jurisdiction or venue, because the conditions of subject matter and in personam jurisdiction and proper venue were otherwise met. They found that the ticket reasonably communicated the contractual limitations period to the purchaser. The face of the ticket contained a bold, large print, boxed notice, specifically calling the purchaser's attention to the fact that the ticket contained terms limiting the cruise line's liability. Therefore, the limitations clause of the contract was enforceable. Because the suit was brought more than one year after the incident complained of, as the contract provided for, the action was dismissed.
OUTCOME: The complaint was dismissed for failure to comply with the agreed-upon one-year limitations period printed on the tickets purchased by plaintiff.