Regent seven seas cruises

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Reference no: EM133653254

Question

Seung was a passenger on the M/S Paul Gauguin cruise ship owned by Regent Seven Seas Cruises. The cruise ship operated exclusively in French Polynesia. Seung's ticket contained a forum selection clause that designated Paris, France, as the sole location for any lawsuit that might be filed arising from passenger injuries on cruises that did not include a U.S. port. Seung was injured on her cruise and filed a lawsuit in the U.S. District Court for the Southern District of Florida. Regent Seven Seas Cruises moved to dismiss the lawsuit on the basis of the forum selection clause. Seung claimed that the clause violated U.S. public policy, was unfair and unreasonable as she was financially and medically unable to bring a lawsuit in Paris, and that Paris was a "remote alien forum" designated for the sole purpose of discouraging passengers from bringing legitimate claims. The district court disagreed with Seung and dismissed her lawsuit. Seung appealed to the U.S. Court of Appeals for the Eleventh Circuit. Is the forum selection clause as drafted enforceable against Seung such as to bar her lawsuit in the United States? Why or why not?

Reference no: EM133653254

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