Wanderlove Travel, LLC v. Avanti Destinations, LLC
Decision Date | 01 February 2023 |
Docket Number | 2023-UP-032,Appellate Case 2020-001449 |
Parties | Wanderlove Travel, LLC, Respondent, v. Avanti Destinations, LLC, Appellant. |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Submitted January 1, 2023
Daniel Joseph Ballou and James Nathanial Pierce, both of Morton & Gettys, LLC, of Rock Hill, for Appellant.
F Craig Wilkerson, Jr., of F. Craig Wilkerson, Jr., LLC, of Rock Hill, for Respondent.
Avanti Destinations, LLC (Avanti), a travel package broker, appeals a circuit court order denying its motion to compel arbitration against Wanderlove Travel, LLC (Wanderlove), a travel agency. On appeal, Avanti argues
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the arbitration agreement was valid and enforceable because Wanderlove had notice of the agreement. We affirm.
We hold the arbitration clause contained within the terms and conditions (Terms and Conditions) on Avanti's website did not constitute a valid and enforceable arbitration agreement. See Berry v. Spang, 433 S.C. 1, 9, 855 S.E.2d 309 314 (Ct. App. 2021) () (quoting New Hope Missionary Baptist Church v. Paragon Builders, 379 S.C. 620, 625, 667 S.E.2d 1, 3 (Ct. App. 2008)); id. ; Towles v. United HealthCare Corp., 338 S.C. 29, 37, 524 S.E.2d 839, 843-44 (Ct. App. 1999) ("Arbitration is available only when the parties involved contractually agree to arbitrate."); Lampo v. Amedisys Holding, LLC, 437 S.C. 236, 242, 877 S.E.2d 486, 489 (Ct. App. 2022) (); id. (); id. at 242, 877 S.E.2d at 489-90 (). To book services through Avanti's website a travel agent was required to create an account and would subsequently be directed to a portal designed specifically for travel agents. The portal's home page displayed several tabs, including one entitled "Legal," which contained, in a drop-down menu, Avanti's Terms and Conditions. The Terms and Conditions included an arbitration clause and a notice that continued use...
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