Cruise Line Motion To Dismiss On Venue Denied Since Tickets To Board Ship Not Received Until Passenger Arrived At Dock To Board The Vessel After Flying From The Netherlands
HOEKSTRA, et al., Plaintiff(s) v. CARIBBEAN CRUISES, LTD.,et al, Defendant(s)
CIVIL NO. 04-1044(JAG)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO
360 F. Supp. 2d 362; 2005 U.S. Dist. LEXIS 4153
March 9, 2005, Decided
PROCEDURAL POSTURE: Plaintiffs vacationers filed a breach of contract and constitutional-tort action seeking compensatory and punitive redress for the losses of their failed vacation against defendant cruise line. The cruise line filed a motion to dismiss for failure to state a claim and for improper venue.
OVERVIEW: The vacationers made a booking with the cruise line's subsidiary and were aware that the subsidiary had a policy not allowing women who were in an advanced stage of pregnancy on board. Three days before the departure date, the vacationers sought clarification regarding the aforementioned policy, and the vacationers were assured that the wife could board the ship because at the time of the scheduled boarding she would be only twenty-five weeks pregnant. Relying on this information, the vacationers boarded a transatlantic flight to Miami from their home in The Netherlands. However, upon arriving at the pier where the cruise ship was docked, the vacationers were not allowed to board. The court would not dismiss the action because the vacationers were raising the possibility that the cruise line, as a parent company, developed policies for the subsidiary and had the duty to train the subsidiary's employees. As to venue, the vacationers could not have had prior knowledge of the forum selection clause because they were supposed to pick up the relevant documents at the pier. Thus, the court could not impute to the vacationers the required knowledge to enforce the forum selection clause.
OUTCOME: The court denied the cruise line's motion to dismiss.
