d/b/a Norwegian Caribbean Lines," its address, information including the cabin number, the voyage, agent, sailing date and the fare. In the upper right hand corner, in white print against a blue background, appears the phrase, "PASSENGER CONTRACT." In the lower left hand corner, in red print against a white background, appears "THE PROVISIONS ON THE REVERSE HEREOF ARE INCORPORATED AS THOUGH FULLY REWRITTEN." On the reverse side of this page of the contract, in bold print, is, "Passengers are advised to read the terms and conditions of the Passenger Contract Ticket set forth below. Acceptance of the Passenger Contract Ticket by Passenger shall constitute the agreement of Passenger to these terms and conditions." What follows are twenty-seven numbered paragraphs of terms and conditions in small type which are, nonetheless, legible and reasonably comprehensible, if read. The twenty-seven paragraphs occupy the reverse side of the first piece of paper and both sides of the second.
Paragraph thirteen contains the term of limitation at issue. In pertinent part it states, "In no event shall any suit for any cause against the carrier with respect to . . . personal injury . . . be maintainable, unless suit shall be commenced within one (1) year from the day when the . . . personal injury . . . of the passenger occurred, notwithstanding any provision of law of any state or country to the contrary."
The plaintiff's answer to the defendant's summary judgment motion contends that the provisions appearing on the face of the first page are written in "legalese", and that plaintiffs, as non-lawyers, accordingly had no idea as to the meaning of this provision, which incorporates the twenty-seven paragraphs of terms and conditions appearing on the remaining sides of the ticket. We disagree with plaintiffs' contention. Although the phrase "THE PROVISIONS ON THE REVERSE HEREOF ARE INCORPORATED AS THOUGH FULLY REWRITTEN" is not a model of verbal simplicity, we hold that it provided sufficient notice to the passenger to read the contractual terms contained inside the ticket. Set out in bold red letters upon a white background, the phrase was certainly conspicuous. It also directs the passenger's attention to the provisions on the reverse side; as we have noted, the reverse side begins with a conspicuous directive to the passenger to read the ensuing twenty-seven paragraphs. We conclude therefore that the contract of passage contains a conspicuous notice to the passenger to examine the contractual provisions contained therein.
As the court in Strauss noted, when such a conspicuous notice exists, courts have uniformly held that a passenger is bound by contractual provisions contained in the contract of passage. Strauss v. Norwegian Caribbean Lines, 613 F. Supp. at 8 (citing numerous cases). Shankles v. Costa Armatori, S.P.A., 722 F.2d 861 (1st Cir. 1983); Lubick v. Travel Services, Inc., 573 F. Supp. 904 (D.V.I. 1983). It is no defense that the passenger did not read the ticket. DeNicola v. Cunard Line Ltd., 642 F.2d 5 (1st Cir. 1981).
We conclude that NCL has reasonably included a conspicuous reference on the face of the ticket in question referring the passenger to the term and provisions of the contract, including the provision limiting the institution of suit for personal injury to one year after the occurrence of the injury. Thus, NCL is entitled to summary judgment in this case because the plaintiffs failed to file their suit within the one-year limitation for which the contract of passage provided.
An appropriate order will be entered.
ORDER and JUDGMENT
AND NOW, this 3rd day of December, 1985, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendant's motion for summary judgment be and is granted; and
2. The Clerk of Court is directed to close the file in the above-captioned case.