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Scenic to pay A$26m in New South Wales class action settlement

FILE PHOTO: SCENIC CRUISE_Scenic_river.jpg
The class action challenged how Scenic handled flooding conditions on the Rhine and Danube in April and May 2013
The settlement in a class action against Scenic Luxury Cruises & Tours led by North Sydney law firm Somerville Legal has the company paying A$23m in damages to 1,200 passengers.

Scenic is also to pay A$3m towards the legal costs of the plaintiffs who claimed distress and disappointment damages.

River flooding in 2013

The class action followed extreme river levels and flooding in April and May 2013 which prevented river cruise vessels from safely navigating the Rhine and Danube.

Scenic did not cancel its cruises between Amsterdam and Budapest, but instead berthed in industrial ports and operated lengthy bus journeys.

Somerville Legal’s MD Ben Hemsworth said Scenic fought the case every step of the way and the class action group is to be congratulated for staying the course.

Scenic ‘disappointed’ 

Scenic Group issued a statement that said it is disappointed, after almost 10 years of litigation, with the final judgement, but the outcome ‘is in line with our financial provisioning, given the previous court decisions and subsequent appeals.

‘We are pleased that this matter has finally been settled and can confirm that Scenic Group is committed to delivering scheduled itineraries, without compromising on the guest’s safety or the services we provide,’ the statement said.

‘Whilst the prospect of schedule interruptions is unpredictable, we take nothing for granted and continue to invest in our River Cruise Cover and itineraries for the benefit of our guests.’