Cruise ship passengers often ignore the fact that their tickets are, in fact, contractual agreements that contain specific provisions governing a wide variety of issues. A passenger’s failure to pay attention to these requirements may result in loss of rights or benefits under the ticket agreement. The case below illustrates this important issue, where a court dismisses a passenger’s case because she failed to follow the dispute resolution provisions of her ticket agreement.
In Royal Caribbean Cruises, Ltd. v. Clarke, a cruise ship passenger aboard a Royal Caribbean Cruises ship was injured in a cruise ship accident. That passenger procured the services of a local attorney who filed a lawsuit several days before the one-year limitations period provided in the cruise ticket expired. However, the attorney filed the case in the Miami-Dade state courthouse instead of a federal court as required by the ticket’s terms. Accordingly, Royal Caribbean asked the state court to dismiss the case because the plaintiff filed suit in the wrong forum as provided for in the ticket, but the court denied the motion. Royal Caribbean appealed the denial. Continue reading →