Question
Gertrude Clodfelter, an 80 year old resident of North Dakota, recently filed a lawsuit in Florida against Islander Cruise Company, a Florida corporation, seeking damages
Gertrude Clodfelter, an 80 year old resident of North Dakota, recently filed a lawsuit in Florida against Islander Cruise Company, a Florida corporation, seeking damages as a result of a fall she suffered in the shower during a cruise to the Bahamas. The language in Ms. Clodfelter's ticket provided that, "Any and all claims arising from injuries occurring during a cruise shall be filed in and shall be determined pursuant to the laws of the registry of the ship upon which the injury occurred." This language was located in very fine print in Paragraph 66 of Ms. Clodfelter's cruise ticket. The ship upon which Ms. Clodfleter was injured is registered in Panama. Furthermore, at the time of Ms. Clodfelter's purchase of her ticket, a sales agent employed by the cruise line told her: "Don't worry - we're a reputable company, easy to find and located right here in the United States." Finally, Florida has several statutes protecting senior citizens from commercial exploitation. Please explain the provisions of Ms. Clodfelter's ticket. Is this language enforceable? Why or why not?
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