Casavant v. Norwegian Cruise Line, Ltd.
Massachusetts Appeals Court
829 N.E.2d 1171 (2005)
The Casavants (plaintiffs) paid in full for a cruise departing Boston shortly after September 11, 2001, but did not receive their tickets and the contract's Florida forum-selection clause until about two weeks before departure; fearing travel through Boston post-9/11, they repeatedly asked to reschedule and were repeatedly refused by Norwegian (defendant). They sued in Massachusetts, Norwegian moved to dismiss based on the forum-selection clause, the trial court granted the motion, and the Casavants appealed.
Whether a cruise line's forum-selection clause is enforceable when passengers received the contract terms only shortly before departure and promptly objected by seeking to reschedule rather than accepting the trip.