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ARTICLE · 09 MARCH 2020

Scenic Tours class action - High Court hears appeal

The NSW Court of Appeal judgment represented a major step forward for class actions in the travel services domain.

AustraliaLitigation, Mediation & Arbitration

In brief - High Court reserves its decision on whether damages for loss of enjoyment when a cruise does not live up to expectations are circumscribed by the Civil Liability Act provisions relating to damages

Mr Moore and his wife booked a luxury European river cruise with Scenic Tours 18 months prior to its departure in June 2013. The cruise was scheduled to depart Amsterdam and arrive in Budapest two weeks later.

In the months leading up to the cruise, Europe experienced heavy rainfall and flooding. The Moore's cruise was significantly affected by high water levels on the Rivers Rhine and Main. As a consequence, Mr and Mrs Moore experienced substantial disruptions to their scheduled itinerary. Among other problems, passengers were required to spend many hours on buses travelling from place to place rather than cruising along the rivers on a single "luxury" vessel.

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