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STATE OF MINNESOTA
IN COURT OF APPEALS
C7-98-2055

Craig Powell, et al.,
Appellants,

vs.

Trans Global Tours, Inc.,
Respondent.


Filed June 1, 1999
Affirmed
Huspeni, Judge*

Hennepin County District Court
File No. 982821

James Utley, Arnold, Anderson & Dove, 5881 Cedar Lake Road, Minneapolis, MN 55416 (for appellants)
Erik Andrew Lindseth, Rodney Gould, Faegre & Benson, 2200 Norwest Center, Minneapolis, MN 55402-3901 (for respondent)
Considered and decided by Toussaint, Chief Judge, Schumacher, Judge, and Huspeni, Judge.
S Y L L A B U S
1.
The exculpatory clause in a tour operator's contract releases the tour operator from liability for accidents occurring in hotels.

2.
A tour operator is not liable for the negligence of hotels used on the tours under theories of agency, joint enterprise, or joint venture.

3.
A tour operator does not commit consumer fraud or common law fraud by having tour participants sign a statement that they have read and accepted the contract previously provided to them.



O P I N I O N


HUSPENI, Judge
Appellants, Craig Powell, a tour participant injured by falling from a hotel balcony, and his wife, challenge the summary judgment granted to respondent, the tour operator, and allege on appeal that the exculpatory clause in the respondent's contract did not relieve respondent from liability, that respondent was liable under the theories of agency, joint venture, or joint enterprise, and that respondent committed fraud by having appellant sign a statement that he had read and agreed to the terms in respondent's contract. Because there is no genuine issue of material fact precluding summary judgment, and because we see no error of law, we affirm.
FACTS
Appellants Craig and Jane Powell arranged to travel to Mexico on a tour operated by respondent Trans Global Tours, Inc., a Minnesota corporation in the business of arranging charter air transportation, accommodations, and hotel-airport transfers at various locations in Mexico. Respondent's brochure listed a number of hotels; appellants selected Hotel La Ceiba. Respondent does not own, operate, manage, or control Hotel La Ceiba.
Two weeks prior to their trip, the Powells received various travel documents, including an Operator/Participant Contract. The contract provided:
TG [Trans Global] is not responsible for personal injury, property damage or any other loss, claim or damage related to or arising out of, in whole or in part, the acts or omissions of any direct air carrier, hotel or other person not TG's direct employee or not under TG's exclusive control supplying any services or providing any goods offered or included.
At the airport, Craig Powell was asked to sign a statement saying:

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Minnesota Law