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“Click wrapped” jurisdiction clause was agreed to and enforceable under EU Regulations

By: Ciaran Joyce BL

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High Court refuses motion to contest jurisdiction in an action claiming that a Romanian travel agent had engaged in screen scraping of Ryanair's website, finding that: a) there was clear assent to the website's terms and conditions despite "auto ticking" rather than manual ticking; b) the essential elements of a click wrap agreement were evident; c) the jurisdiction clause was enforceable under EU Regulations; and d) while clicking on the "Let's Go" button was evidence of conduct rather than writing in respect of the purported agreement, there was sufficient evidence that the parties had agreed to be bound to having Ireland as the appropriate forum to resolve any dispute.

Jurisdiction – enforceability of jurisdiction clause – click wrapping – screen scraping – Brussels Regulation (EU) 1215/2012 – whether defendant was interacting with Ryanair website – Articles 7(1) and (2) and Article 25(1)(a) and (c) of the Regulation – proper approach to making findings of fact on an application concerning jurisdiction – motion to contest jurisdiction refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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