The appellants appealed a motion judge's decision finding that a 'Guarantee/Special Rates/Contract Addendum' was a separate and distinct agreement from the underlying tour operator agreements, and therefore not subject to their forum selection clauses.
The Court of Appeal allowed the appeal, holding that the addendum was part and parcel of the tour operator agreements.
Applying the strong cause test from Z.I. Pompey Industrie, the Court found no exceptional circumstances to justify departing from the parties' chosen forum of Aruba (and Cuba for one hotel).
The action was permanently stayed.
