DeRoche

James H. DeRoche, a San Francisco resident, filed a complaint against Commodore Cruise Line, Ltd. (Commodore) and International Marketing Systems, Inc. (IMS). He appeals from the judgment entered upon the order sustaining the demurrer of each defendant to the complaint without leave to amend, and from the order denying his subsequent motion for reconsideration. We will affirm.

Facts

We state the facts as they appear in DeRoche’s second amended complaint, accepting them, and any facts arising by reasonable implication therefrom, as true. (Schwartz v. Regents of University of California (1990) 226 Cal.App.3d 149, 153 [ 276 Cal.Rptr. 470 ].) Commodore owns a number of cruise ships, including one known as the Caribe. IMS is a travel agent for Commodore. IMS issued DeRoche a ticket for a cruise on the Caribe, which cruise included a planned stop at Cozumel. DeRoche took the cruise, and disembarked at Cozumel where he rented a motor scooter which he used to explore the area. Late in the evening, DeRoche was injured when the motor scooter crashed after striking a pothole. Chief among his injuries was a compound fracture of his right leg. DeRoche was given first aid at a small,…