URSULA UNGARO, UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss Plaintiffs' Complaint (the "Motion"). D.E. 11. The Court has considered the Motion, the pertinent portions of the record and is otherwise fully advised in the premises. The Motion is fully briefed and ripe for disposition. For the reasons stated briefly below, the Motion is GRANTED with Prejudice.
By way of background, the action is brought as a putative class action by Plaintiffs Roger and Maureen Carretta, former passengers on Royal Caribbean's Harmony of the Seas. D.E. 1. The Complaint contains a single count against Defendants
In its Motion, Royal Caribbean argues that the claim is barred by the terms and conditions of the applicable ticket contract in which Plaintiffs: (1) waived their right to maintain a class action, (2) agreed that any claims that they might bring against Royal Caribbean would be brought within six months of termination of their cruise, and (3) agreed to arbitration of any claims not based on personal injury, illness or death. D.E. 11. Plaintiffs respond that these sections of the ticket contract
The undersigned begins by agreeing with Plaintiffs that the only relevant legal principles that matter here are those used to interpret contracts. These principles are materially similar whether the Court applies Florida or maritime law. See, F.W.F., Inc. v. Detroit Diesel Corp., 494 F.Supp.2d 1342, 1356 (S.D. Fla. 2007) ("[G]eneral federal maritime law has adopted the general rules of contract interpretation and construction."); Davis v. Valsamis, Inc., No. 16-17081, 2018 WL 4182116, at *3 (11th Cir. Aug. 30, 2018) ("Maritime contracts `must be construed like any other contracts: by their terms and consistent with the intent of the parties.'") (quoting Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14, 16, 125 S.Ct. 385, 160 L.Ed.2d 283 (2004)). Most importantly for the purposes of this dispute, under both maritime and Florida law, contracts must be enforced where the language is plain and unambiguous. Norfolk S. Ry. Co., 543 U.S. 14, 22-23, 125 S.Ct. 385 ("When a contract is a maritime one, and the dispute is not inherently local, federal law controls the contract interpretation."); Mycko v. M/Y AMARULA SUN, No. 14-62215-CIV, 2015 WL 2384060, at *3 (S.D. Fla. May 19, 2015) (explaining that "Under federal common law, where a contract `is so worded
The Court, however, parts company with Plaintiffs regarding the scope and construction of the ticket contract. The contract states plainly and unambiguously in Section 2 that "Carrier" means, among others, the Vessel's Operator. D.E. 11-1 at 21 ("`Carrier'" shall include: ... the Vessel's Operator."). And the Vessel's Operator in this case is indisputably Royal Caribbean. See, id. at 25 ¶ 18 (Stating that the operator is Royal Caribbean). There is simply no limiting language and no basis for carving out an exception as advocated by Plaintiffs: "except when conducting itself as an insurance agent." See D.E. 21 at 10.
In reaching this conclusion, the Court has considered Plaintiffs' reliance on Section 17 of the ticket contract which states: "To the extent permitted or required by law, this Agreement also covers Carrier's Royal Caribbean Travel Protection Program
Having concluded that Plaintiffs' ticket contract applies to this dispute, it is apparent that the case must be dismissed with prejudice. First, it is time-barred because Plaintiffs' cruise ended on July 22, 2017, D.E. 11-1 at 8, and the case was not brought until September 21, 2018, more than six months after their disembarkation. D.E. 11-1 at 23 (Section 10(C) of the ticket contract). Second, Plaintiffs waived their right to maintain a class action against Roya Caribbean id. (Section 9(b) of the ticket contract). Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant's Motion, D.E. 11, is GRANTED. Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE. It is further
ORDERED AND ADJUDGED that the Clerk of Court SHALL administratively close this case. All future hearings are CANCELLED and all pending motions are DENIED AS MOOT.