This legal action is best understood with some background.
Alcatraz and Maid of the Mist Enter Into Contract in March 2005
On March 3, 2005, Maid entered into an oral agreement with Alcatraz to allow Alcatraz to purchase tickets for the boat ride at Niagara Falls from Maid at a discounted rate for the entire 2005 season (April to October).
The terms of the oral contract were specific.
The period for the oral contract was less than a year.
It was a binding oral contract under Georgian law.
Carlson entered into the contract with Alcatraz on March 3, 2005.
Carlson made the agreement with Windsor.
Carlson made the agreement with Carolyn Ballard Bazzo (â€œBazzoâ€).
Carlson sent faxes to both Windsor and Bazzo following the telephone conversations of March 3, 2005.
Maid agreed to provide Certificates of Insurance naming Alcatraz as additional insured, and Maid did.
Maid agreed to provide information for Alcatraz to use on its web sites, and they did.
Alcatraz agreed to submit a voucher (E-Ticket) for Maidâ€™s approval, and Alcatraz did.
Maid approved the voucher.
The approval of the voucher was the final obligation agreed to when the contract was entered into on March 3, 2005.
Alcatraz advertised for Maid of the Mist boat tours at Alcatrazâ€™s website www.niagarafallstours.net. Alcatraz advertised for various tours in the Niagara Falls area, as well as for tours in Canada, New York and in others cities in the Northeast. This web site did not represent that it was sponsored by Maid. Rather, it expressly represented that it was run by Alcatraz. Alcatraz has also used additional web sites to promote its 74 different Niagara Falls tours and activities and its 17 tours that include a Maid of the Mist ticket.
Alcatraz began generating excellent sales for Maid of the Mist in March 2005.
It still took a long time and a lot of hassles to get the informationn needed from Sandra Carlson, but it finally was resolved in early April.