SUPREME Court of New South Wales Judge Peter Garling has awarded a group of Scenic Luxury Tours & Cruises passengers damages of up to 90% of the price they paid for flood-affected European river sailings in 2013 (CW 07 Apr 2015). Garling confirmed a “major failure” on behalf of Scenic,...
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SUPREME Court of New South Wales Judge Peter Garling has awarded a group of Scenic Luxury Tours & Cruises passengers damages of up to 90% of the price they paid for flood-affected European river sailings in 2013 (CW 07 Apr 2015).
Garling confirmed a “major failure” on behalf of Scenic, judging the cruise line to have breached Australian consumer law when it did not specifically warn passengers about weather disruptions for sailings along the Danube, Main, and Rhine rivers in Apr and May 2013.
The class action was launched by Somerville Legal on behalf of affected clients, and first went to court in 2016.
As a result of the flooding, brought on by torrential rain, the trips became a “bus holiday”, rather than a river cruise – a rescheduling Scenic knew would take place before passengers left Australia for their holiday, Somerville said.
Not every passenger joined the class action, with some receiving $2,500 after taking Scenic to various state-based consumer trials, and others accepting a $1,000 future cruise credit and an apology from the cruise line for the inconveniences caused.
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