The travel, tourism, and hospitality industry faces unique risks, issues, and challenges when confronted with litigation. Frequently, legal exposure arises from incidents that occurred internationally. This leads to complex challenges with regard to locating, obtaining access to, interviewing and deposing critical witnesses, obtaining or challenging jurisdiction over foreign entities, and enforcing forum selection agreements and liability waivers. Here at Walsworth, our travel, tourism, and hospitality team, with more than 30 years of experience, has acquired a unique understanding of the industry and the challenges, no matter how complex, it faces in litigation. Consequently, we have earned a reputation for proven results, dedication to our clients, professionalism, and tenacity.
We represent a wide variety of clients in litigation and transactional matters, including:
- Travel Agencies
- Tour Operators
- Destination Management Companies
- Travel Wholesalers
- Local Ground Operators
- Cruise Lines
- Insurers
- Hotel Operators
Our lawyers regularly handle a wide variety of claims arising out of both domestic and international travel including wrongful death, catastrophic injury, premises liability, and breach of contract claims. In addition, we handle claims alleging unfair competition, misappropriation of trade secrets, violation of the California Consumer Legal Remedies Act, trademark and copyright infringement, and violation of the Americans with Disabilities Act. We handle all aspects of these cases in state and federal courts and private arbitrations.
Throughout the litigation process, we focus on early evaluation, where we see a potential for liability, and early resolution of cases through direct negotiations with opposing counsel or mediation. We have successfully enforced forum selection clauses, releases of liability, and arbitration agreements through pre-trial motions, including motions to dismiss, demurrers, motions to stay and compel arbitration, and motions for summary judgment. We have successfully extinguished service of California summons on out-of-state and foreign citizens and entities based on California courts’ lack of personal jurisdiction and forum non-conveniens. Additionally, we have extensive experience with the primary assumption of risk defense which may limit or even extinguish liability of travel agents and tour operators for claims by participants of adventure travel activities.
Representative Successes
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Cheng, et al. vs. Ritz Tours, Inc., et al.
Represented a tour operator in case where over 40 plaintiffs claimed a tour to China was not of the quality that it was allegedly represented to be in advertisements. The court sustained the tour operator’s demurrer without leave to amend.
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Gordon v. Lost Frontiers
Represented tour operator in a case involving adventure travel to Algeria and Niger where four plaintiffs claimed they did not see enough camels and were required to take land travel when the airport in Niger was closed. The court dismissed one plaintiff, and the other three plaintiffs settled for nuisance value.
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Hisano et al. v. HIS International Tours LA, et al.
Represented tour operators in a case brought by a husband and wife who claimed they suffered severe physical and emotional injuries because they were passengers on a tour bus which crashed and resulted in the deaths of several individuals. The court sustained the tour operators’ demurrer without leave to amend.
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Kalter v. Grand Circle, LLC, et al.
Represented a tour operator in a case where plaintiff suffered severe personal injuries, including paraplegia, after falling while climbing the “Floating Steps” in Machu Picchu, claiming breach of duty to warn by the tour operator and negligence by the tour leader. The court granted summary judgment in favor of our client.
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Lhotka v. Geographic Expeditions
Successfully negotiated a settlement for a fraction of the original demand in a wrongful death case involving a climb on Mt. Kilimanjaro.
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O’Keefe v. Inca Floats, Inc., et al.
Represented tour operator in a case where plaintiff claimed she was raped on a cruise ship. The court granted summary judgment in favor of our client as to all causes of action.
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Phayer v. Allianz Global Assistance
Represented travel insurer in a case where plaintiffs claimed travel agency failed to purchase two refundable roundtrip airline tickets to Australia but instead purchased two less expensive non-refundable tickets and a travel insurance policy, and then pocketed the difference. The travel agency submitted a travel insurance claim for cancellation coverage on behalf of plaintiffs and cross-complained against the insurer based on its denial of the claim. The court sustained the insurer’s demurrer and motion to strike without leave to amend.
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Ramage v. Forbes International, et al.
Represented tour operator and local ground handler in a case where plaintiff claimed head injuries sustained in a tour bus accident. The court granted summary judgment as to all causes of action against the tour operator and granted a motion to dismiss for lack of personal jurisdiction for the local ground handler.
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Rollins v. McCoy Enterprises, Ltd., et al.
Represented travel agency in a case where plaintiff sustained injuries to several fingers on her right hand while exiting a dive boat in Fiji following a shark dive. The case settled for nuisance value.
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Sawyer v. Japan Airlines International Company, Ltd., et al.
Represented travel agency in a case where plaintiff claimed the agency failed to request proper identification, allowing his son to be kidnapped by plaintiff’s former spouse. The court sustained the travel agency’s demurrer without leave to amend.
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