scenic tours class action

Interesting, thanks.

notamermaid

I am so glad this is over I hope Scenic can get some seen semblance of order out of it. I know it was one of Scenic subsiduries that was to blame. Since this occurance Scenic has grown into one of the leading European River Cruise companies. Long may they continue. CA

P. S. I'm sure many Scenic travelers would agree!

Does this mean that in the small print force major means nothing! CA

Does this mean that in the small print force major means nothing! CA

Two caveats: (1) In Australia; (2) IIRC the court put a lot of stress on Scenic's foreknowledge because this was a continuing issue [not like this year's low water that can change in an afternoon]. But yes, it should put all river cruise operators on notice that they should be up front with their passengers -- you don't have to offer free 'cancel for any reason' coverage in your basic fare, but you do have to let people know what you know -- and it is dangerous to try to paper over what you know.

In the US we have a concept called 'unconscionability' which applies particularly to 'adhesion' contracts. An adhesion contract is one that the more powerful party drafts and requires the less powerful party to accept without negotiation -- i.e. any cruise contract of service. Unconscionablility is an 'equity' concept [got to thank the English legal system!] that allows judges to override contract terms that are so overwhelmingly one-sided in favor of the party who has the superior bargaining power that they are contrary to good conscience. I think that is what this court was doing.

http://cruisepassenger.com.au/river-cruise-passengers-win-class-action-scenic/ there will be an appeal.

if nothing else these cases will raise awareness for travellers and the products they buy.

Host Jazzbeau,

interesting legal scenario with an excellent explanation of yours. It is an interesting case for me as - being in a different part of the world with a sometimes non-obliging river on my door step - I have a different view on such a legal case. For Australia and passengers that have spent a lot of money (I mean so much more than I would ever have to spent on a cruise in Europe) the case is a different one. The individual story I read a few days ago sounded not good. It claimed that people arrived back from a bus tour at midnight.

Will see how this goes, it is certainly an important issue and all river cruise companies should watch what happens further.

This how the appeal appears on the Seatrade Cruise News pages: http://www.seatrade-cruise.com/news/news-headlines/scenic-vows-to-appeal-judgment-in-flood-disrupted-cruises.html

notamermaid