The floods impacted 13 of Scenic’s departures during April and May that year.
Passengers took action against the company, unhappy with the alternative arrangements that were offered and compensation made.
Scenic said its policy has always been to deliver itineraries as close to schedule as possible, without compromising safety and comfort.
Breach of Australian Consumer Law
Yesterday the NSW Court of Appeal upheld Justice Garling’s view that Scenic had breached Australian Consumer Law by not informing passengers about the weather disruptions beforehand and that they were entitled to the luxury cruise that had been advertised.
The Court of Appeal sent the case back to Justice Garling to determine the Scenic payout.
Scenic’s statement said its legal representatives are reviewing details of the orders made to both parties as part of the judgement.
‘It is not appropriate until such time as that process has been completed for us to make any further comment on these matters at this time,’ the statement said.
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