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.