JOHNSON v. HOLLAND AMERICA LINE-WESTOURS, INC.

No. 96-2053-FT.

206 Wis.2d 562 (1996)

557 N.W.2d 475

Axel Albert JOHNSON and Ingert Johnson, Plaintiffs-Appellants, v. HOLLAND AMERICA LINE-WESTOURS, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 26, 1996.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Randall J. Nesbitt of Pinkert, Smith, Weir, Jinkins, Nesbitt, Hauser & Weber of Sturgeon Bay.

On behalf of the defendant-respondent, the cause was submitted on the brief of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.


CANE, P.J.

Axel and Ingert Johnson appeal a summary judgment dismissing their complaint against Holland America Line-Westours, Inc. (Holland America), for a refund or credit of a $9,806 cruise ticket.1 They argue that the trial court erroneously ruled that the parties were bound by a forum selection clause contained in their ticket.2 Pursuant to the test set out in Carnival Cruise Lines v. Shute,

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