Walker

ORDER RE: MOTIONS TO DISMISS

This is a suit under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 , California Health & Safety Code § 19955, and California Civil Code § 54.1. Plaintiffs allege that defendants failed to provide appropriately accessible accommodations on a cruise ship. Presently before the Court are two motions to dismiss. Defendants, Carnival Cruise Lines and Carnival Corporation (collectively “Carnival”), have moved to dismiss or transfer the case on the grounds that the passenger ticket contracts at issue contain forum selection clauses requiring suit to be filed in Florida. Unique Travel Agency and Andre’s Travel Agency (the “Travel Agents”), move to dismiss on grounds that they are not liable for Carnival’s ADA violations.

I. Factual Background

Plaintiffs Bernard Walker and Christina Adams each took separate 3-4 day trips on the Holiday, a ship owned and operated by Carnival. Walker made arrangements through Unique Travel prior to his departure on July 28, 1997. He received his tickets through his neighbor, an employee with Unique Travel, within a week of his departure. Unique Travel was informed that Walker was disabled, used a wheelchair,…