The Ninth Circuit reversed the district courts holding and determined that the forum selection clause should not be enforced. Relying on Bremen v. Zapata Off-Shore Co., [1] the Ninth Circuit determined that the forum selection clause was not “freely bargained for”. The lack of bargaining coupled with the fact that forum selection clauses are not “historically. favored,” was enough for the court to reverse the district court’s decision and remand the case for further proceedings. Additionally, as an independent justification for refusing to enforce the clause, the court looked as the affect that enforcement would have in depriving the respondents' of their day in court, since the Shutes were “physically and financially incapable of pursuing litigation in Florida.” Carnival appealed this holding.