Oltman

I. Background

Jack booked a cruise for himself and his mother, Bernice, on March 18, 2004. They boarded Holland’s ship, the MS Amsterdam, in Chile less than two weeks later, on March 31, 2004, and arrived in San Diego, California, as scheduled on April 17. They received their travel documents at the time they boarded the ship in Chile.

The travel documents were contained in a travel booklet, which included their itinerary, the contract governing the cruise (the cruisetour contract), and cancellation information. The contract began on page 11 of the booklet and stated that it was “ISSUED SUBJECT TO THE TERMS AND CONDI-

TIONS ON THIS PAGE AND THE FOLLOWING PAGES.”

The contract advised the Oltmans to “READ TERMS AND CONDITIONS CAREFULLY.” The contract noted that “THIS DOCUMENT IS A LEGALLY BINDING CON- TRACT” and included a forum selection clause stating that any lawsuit arising out of the cruise or contract must be liti- gated in the United States District Court for the Western Dis- trict of Washington or, if that court lacked subject matter jurisdiction, “in the courts of King County, State of Washing- ton.”

The contract also informed the Oltmans that “YOUR ATTENTION IS…