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ARTICLE · 29 JULY 2020

COVID-19 and consumer claims: Moore v Scenic Tours Pty Ltd

Consumers may be entitled to claim more than just a refund if they don't receive what they paid for.

AustraliaConsumer Protection

The recent High Court decision in Moore v Scenic Tours is a timely reminder for businesses that consumers may be entitled to claim more than just a refund if they don't receive what they paid for. If you run a business that provides touring services and are not sure how COVID 19 has impacted your guests, you should consider talking to us about the following decision and how it impacts you.

Background

Mr Moore booked a Scenic River Cruise which was to cruise along the Rhine, Main and Danube Rivers in Europe. Mr Moore chose the cruise as it was promoted as a "once in a lifetime cruise" where guests would be treated to an "all inclusive luxury". The cruise was impacted by adverse weather conditions and as a result, Mr Moore only spent 3 out of the 10 days cruising, he had to change vessels a number of times and spent a considerable amount of time travelling by bus, which he found difficult due to a previous spinal surgery. As a result, Mr Moore claimed that Scenic

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