## Facts

- Mark and Tara Casavant, Massachusetts residents, booked a Norwegian Cruise Line voyage departing from Boston on September 16, 2001.
- They paid a deposit in October 2000 and paid the remaining balance in full by July 18, 2001.
- Norwegian did not provide the passenger ticket contract containing a Florida forum-selection clause and other terms until August 27, 2001; the Casavants received it in early September 2001, about thirteen days before departure.
- After the September 11, 2001 terrorist attacks, the Casavants repeatedly asked Norwegian to reschedule the cruise or provide other accommodation; Norwegian denied the requests and refused a refund or credit.
- The Casavants sued in Massachusetts Superior Court seeking a refund and relief under Mass. Gen. Laws ch. 93A.
- Norwegian moved to dismiss based on the forum-selection clause requiring suit in Florida, and the trial court dismissed the complaint.

## Issues

1. Whether a forum-selection clause in a passenger ticket contract, delivered after booking and after full payment and shortly before departure, is enforceable against passengers who did not timely receive or accept the contract terms.
2. Whether dismissal of a Massachusetts action is proper when the cruise line relies on such a late-delivered forum-selection clause to require litigation in Florida.

## Decision

- The Massachusetts Appeals Court reversed the dismissal.
- The court held the forum-selection clause unenforceable because the Casavants had not accepted the terms of the contract of passage.
- The case was remanded for further proceedings, including litigation of the refund claim and the ch. 93A claim in Massachusetts.

## Legal Principles

- A forum-selection clause in a standardized travel contract is enforceable only if it became part of the parties’ agreement through adequate notice and assent.
- Delivery of a passenger ticket contract containing a forum-selection clause long after booking and after full payment, and shortly before departure, may be insufficient to establish acceptance of that term.
- When the defendant fails to show the plaintiff agreed to the forum-selection clause, the clause cannot be used to defeat the chosen forum by dismissal for improper venue or lack of contractual jurisdiction.

## Conclusion

Because the cruise line provided the ticket contract containing the Florida forum-selection clause only after the passengers had fully paid and shortly before sailing, the passengers did not accept the term, and the clause could not be used to force the dispute into Florida or to justify dismissal of the Massachusetts action.


Casavant v. Norwegian Cruise Line, Ltd., 829 N.E.2d 1171 (Mass. App. Ct. 2005)