Where Cruise Line Ticket Delivered 13 Days Before Cruise, Adequate Notice Of The Forum Selection Clause Was Not Provided And Would Not Be Enforced
MARK CASAVANT & another n1 vs. NORWEGIAN CRUISE LINE, LTD. n1 Tara Casavant.
No. 04-P-47
APPEALS COURT OF MASSACHUSETTS
63 Mass. App. Ct. 785; 829 N.E.2d 1171; 2005 Mass. App.LEXIS 632
September 9, 2004, Argued
June 30, 2005, Decided
PRIOR HISTORY: [**1] Worcester. Civil action commenced in the Superior Court Department on October 3, 2002. The case was heard by James P. Donohue, J., on motions for summary judgment.
DISPOSITION: Judgment reversed. Order denying motion for reconsideration vacated.
PROCEDURAL POSTURE: Plaintiff customers filed a claim against defendant cruise line seeking to recover payment for a cruise they attempted to reschedule. The cruise line moved to dismiss the complaint based on a forum selection clause, which required that litigation be filed in Florida. The Worcester Superior Court Department (Massachusetts) entered judgment dismissing the complaint and denying the customers' motion for reconsideration. The customers appealed.
OVERVIEW: The customers purchased tickets for a cruise that was scheduled to depart from Boston harbor on September 16, 2001. The customers were fearful of going on the cruise, and sought to reschedule. The cruise line denied the customers' requests. The cruise line did not provide the customers with information concerning the forum selection clause until close to one year after the original booking, two months after full payment was made, and approximately 13 days before sail date. The appellate court concluded that because the manner and means of the delivery of the terms of the contract for passage did not fairly allow the customers the option of rejecting the contract with impunity, and because, in the limited time frame allotted, the customers did not accept the ticket as a binding contract, under controlling Federal maritime law and Massachusetts contractual law, the Florida-dictated forum selection clause was not enforceable. The appellate court also found fundamental error in the manner in which the trial court handles the cruise line's motion to dismiss which included extra material concerning the forum selection clause and thus, should have been treated as summary judgment motion.
OUTCOME: The judgment of the trial court was reversed.
