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However, the vessel was already filed to capacity, as such Tandog and Other examples of adhesion contracts are: Insurance contracts, bills
Tiro were forced to agree to hide at the cargo were during the trip of lading, contracts of sale of lots on the installment plan fall into this
they were: category."
1. exposed to the scorching heat of the sun
2. dust coming from the ship's cargo of corn grits Here Condition No. 14 should be held as void and unenforceable for
3. in addition, the tickets they bought at Cagayan de Oro City for the following reasons:
Tagbilaran were not honored and they were constrained to
pay. 1. under circumstances obtaining in the inter- island shipping
industry, it is not just and fair to bind passengers to the terms of the
Hence, Tandog and Tiro filed a complaint for damages and for breach conditions printed at the back of the passage tickets
of contract of carriage in CFI Misamis Oriental.
1. It is a matter of public knowledge. the piers are congested
Sweet Lines argue: Motion to dismiss (MD) the complaint on ground with passengers with the piers are congested with passengers
of improper venue. Under the Condition No. 14 behind the passage 2. The passengers immediate concern, are to board the vessels
ticket of Respondents, it reads that: …shall be filed in the competent in order to reach their destinations and as such it is hardly just
courts in the City of Cebu." and proper to expect the passengers to examine their tickets
received from crowded/congested counters,
RTC: denied MD 3. unlike the small print provisions of insurance contracts — the
common example of contracts of adherence — they are
entered with insured in full awareness of conditions, since the
insured is afforded the opportunity to examine and consider
the same, passengers of inter-island vessels do not have the
same chance, since their alleged adhesion is presumed only
from the fact that they purchased the passage tickets.