SYDNEY-BASED law firm Somerville Legal is inviting Scenic and Evergreen Tours passengers affected by torrential rain and flooding during European departures in Apr and May 2013 to join a Supreme Court class action seeking compensation.
Somerville claims that even though Scenic knew the cruises were likely to be affected by the adverse conditions, the company “allowed passengers to travel all the way from Australia without giving them any information about the likely disruptions”.
Rather than a river cruise, the trips became a “bus holiday,” the law firm said.
Some passengers were offered compensation in the form of a $1,000 future cruise discount, while others have apparently received $2,500 after taking Scenic to various state-based consumer tribunals.
“Those who have accepted these offers have not been asked to give any release to Scenic…accordingly they are entitled to join our class action, despite having accepted these offers,” the law firm added.
Somerville Legal founding partner Tim Somerville and his wife have first-hand knowledge of the disruption as they were on one of the affected departures.
Last year, the firm lodged a formal Statement of Claim, with the case funded by a litigation lender which will receive a percentage of any settlement.
The class action relates to any Scenic or Evergreen departure between 10 May and 14 Jun 2013 on cruises to and from Amsterdam or Budapest as well as in southern France.
Scenic is defending the claim, saying its standard conditions allow it to vary itineraries.
A “substantive hearing” of the case is scheduled for Apr 2016.
