Oceanview Enterprises offers scenic cruises to exotic destinations in the South Pacific, such as Tahiti and the Marshall Islands. In December of each year, the cruise line provides customers an opportunity to enter a lottery for a limited number of exclusive tickets sailing to a "hidden" unnamed island. Malik is fortunate enough to win the right to buy two of the expensive cruise tickets for herself and best friend Jecala. When she receives the purchased tickets through the mail, Malik notices the back of each has the following statement: "The purchaser and/or passenger of this ticket agrees that any claim against Oceanview Enterprises or its employees will only be resolved in courts of Oceanview's home state of Alaska. This ticket is non-refundable." Is it likely the clause on the ticket would be enforceable against Malik?

Question

Dana

Business

19 December, 06:30

Oceanview Enterprises offers scenic cruises to exotic destinations in the South Pacific, such as Tahiti and the Marshall Islands. In December of each year, the cruise line provides customers an opportunity to enter a lottery for a limited number of exclusive tickets sailing to a "hidden" unnamed island. Malik is fortunate enough to win the right to buy two of the expensive cruise tickets for herself and best friend Jecala. When she receives the purchased tickets through the mail, Malik notices the back of each has the following statement: "The purchaser and/or passenger of this ticket agrees that any claim against Oceanview Enterprises or its employees will only be resolved in courts of Oceanview's home state of Alaska. This ticket is non-refundable." Is it likely the clause on the ticket would be enforceable against Malik?

+2

Answers (1)

Know the Answer?

Josephine Bentley · Answer 1

The answer is: No

Explanation:

In order for this clause to be enforceable against Malik or his friend Jecala, they should have been notified about it before they purchased the ticket. Oceanfront is changing the contract terms unilaterally without notifying the other party and that is not legal. A contract (the ticket is a type of contract) is an agreement between two parties, not one party imposing his conditions over the other.