Scenic class action

Looks like there's a class action in OZ concerning last years flooding brought against Scenic and Evergreen.

http://www.somervillelegal.com.au/page16858/Scenic-Tours-Class-Action.aspx

http://www.tripadvisor.com/ShowTopic-g1-i10703-k3727369-o180-Scenic_Tours_European_River_Cruises-Cruises.html

Also looks like Scenic has expanded their T&C rules.

http://www.europeanrivercruising.com.au/uploads/5/4/0/0/5400842/scenic_terms_and_conditions.pdf

Interesting. I had clients on a Tauck river cruise and every penny was refunded without question. They flew out the VP to apologize personally to the displaced passengers and give them options. Best treatment I've ever seen.

It's too bad, because everything else about the Scenic product (ships, amenities, itineraries) looks very good. But this is a fatal flaw IMO.

Also looks like Scenic has expanded their T&C rules.

Depending on the consumer protection laws in the various countries in which they market their products, the T&C may prove to be unenforceable where they permit fundamental changes in the nature of the holiday delivered.

I have no knowledge of the situation in Australia so it will be interesting to see how this goes, but I wouldn't be at all surprised to see an out of court settlement to avoid setting any kind of precedent ...

Lawyer's and Lawyer's ..$$$

It's too bad, because everything else about the Scenic product (ships, amenities, itineraries) looks very good. But this is a fatal flaw IMO.

I agree with you. The response from Scenic to last year's flooding was the major deciding factor in us choosing another company for our cruise next year. We had previously decided to go with Scenic.

I am still gobsmacked that Scenic doesn't appear to have realised that their shoddy and "penny pinching" behaviour in response to the floods will have (or has had) negative consequences for them. They are probably still filling their cabins with guests who either don't know about their behaviour or are willing to take the risk.

I am sure there are many satisfied Scenic customers who have had wonderful trips but, for us, the true measure of a company is how they act in adversity. We just weren't prepared to take the risk.

Lawyer's and Lawyer's ..$$$

The Lawyer bringing this action is actually a very very angry Cruise Critic member named "Marty" or something close to that. He and his wife got stuck in the middle of this whole flood thing and decided to take matters into his own very capable Lawyer hands and it is his firm spear heading this Class Action suit.

Apparently they pissed the wrong passenger off!

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The Lawyer bringing this action is actually a very very angry Cruise Critic member named "Marty" or something close to that. He and his wife got stuck in the middle of this whole flood thing and decided to take matters into his own very capable Lawyer hands and it is his firm spear heading this Class Action suit.

 

Apparently they pissed the wrong passenger off!

 

 

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Likely the cruise line could have easily assuaged the other pax and fixed it so few, if any, were left for a class.

It should be noted that the lead of this suit was actually on an Evergreen tour, a subsidiary of Scenic.

Lawyers get most of the money! I know from personal experience living with lawyers in my family. Sad but true.

It should be noted that the lead of this suit was actually on an Evergreen tour, a subsidiary of Scenic.

Also, agree with Host s comments.We were concerned about this,but went anyway and absolutely the BEST river ship,cruise,etc.in 10 previous river cruises with all the top companies.

So we got good travel ins. and LOVED IT.Even booked another next yr.After that Scenic experience it would be difficult to go back to another line.

That being said the company should do ALL it can to make the customer happy and feel that episode was not handled well.

Also, agree with Host s comments.We were concerned about this,but went anyway and absolutely the BEST river ship,cruise,etc.in 10 previous river cruises with all the top companies.

 

So we got good travel ins. and LOVED IT.Even booked another next yr.After that Scenic experience it would be difficult to go back to another line.

 

That being said the company should do ALL it can to make the customer happy and feel that episode was not handled well.

The problem as I understand it is that you have to activate "cancel for any reason" travel insurance before leaving home, and the "for cause" clauses require that the vendor is unable to provide the product. Since river cruise Terms and Conditions allow the provider to change itineraries and accommodations, none of these "bus tours" qualified for insurance reimbursement even if you decided to go home early.

The Lawyer bringing this action is actually a very very angry Cruise Critic member named "Marty" or something close to that. He and his wife got stuck in the middle of this whole flood thing and decided to take matters into his own very capable Lawyer hands and it is his firm spear heading this Class Action suit.

 

Apparently they pissed the wrong passenger off!

For those who missed it, the thread about this Evergreen/Scenic cruise is located here:

http://boards.cruisecritic.com/showthread.php?t=1892421

BTW, I'm not endorsing the assumption that Marty156 is the same person as Tim Somerville, the lawyer who is organizing this lawsuit. None of Marty156's posts that I just reread give any hint as to his full name.

For those who missed it, the thread about this Evergreen/Scenic cruise is located here:

 

http://boards.cruisecritic.com/showthread.php?t=1892421

 

 

 

BTW, I'm not endorsing the assumption that Marty156 is the same person as Tim Somerville, the lawyer who is organizing this lawsuit. None of Marty156's posts that I just reread give any hint as to his full name.

That is my guess, as somewhere in Marty156 postings I believe he said he was a lawyer.....so my 2 + 2 came out to Marty156

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Here's Marty from last year-

http://www.tripadvisor.com/ShowTopic-g1-i10703-k5412027-Evergreen_or_avalon_european_river_cruise-Cruises.html

Here's Marty from last year-

 

 

 

http://www.tripadvisor.com/ShowTopic-g1-i10703-k5412027-Evergreen_or_avalon_european_river_cruise-Cruises.html

Yep guess I guessed correctly.... Don't piss a Lawyer with a Big firm of his own off.... Just my advice :)

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The problem as I understand it is that you have to activate "cancel for any reason" travel insurance before leaving home, and the "for cause" clauses require that the vendor is unable to provide the product. Since river cruise Terms and Conditions allow the provider to change itineraries and accommodations, none of these "bus tours" qualified for insurance reimbursement even if you decided to go home early.

That's my take also. I still insure . . . stuff happens.

I hate to see things come to litigation but if it changes the rotten actions of a cruise line...so be it. Bad press changes a lot of policies.

Some river cruise lines shine when river levels are too high or low. Some surf on the river of cash. I need to be able to trust these cruise lines, so I hope they figure this all out and make some changes.

I met the owner of Scenic a couple years ago. Great family and very down to Earth. I wish I could meet him again and ask some questions.

I still love Scenic for what they provide on a normal basis. I still need to be able to trust them, however. Time will tell.

Lawyers get most of the money! I know from personal experience living with lawyers in my family. Sad but true.

That is more true when the class actions involve millions of persons. In this case, the numbers will be much smaller.

The way some river cruise companies handled the flooding opened my eyes. I would never go with Scenic. Viking also didn't handle it that well, but better than Scenic.

I agree 4774papa, nor did APT / AMA. It's about how they deal with things, we're pretty much stuck on Uniworld now, cabins smaller, much better everything else. :) Last trip with them the air-con broke down for 2 days in April outside Paris, before we disembarked we had apologies and a $500 credit off any future travel. When we stayed stuck with AMA/APT in the middle of Germany in midwinter, Uniworld transferred guests to a ship on the other side of the bridge.

The Lawyer bringing this action is actually a very very angry Cruise Critic member named "Marty" or something close to that. He and his wife got stuck in the middle of this whole flood thing and decided to take matters into his own very capable Lawyer hands and it is his firm spear heading this Class Action suit.

 

Apparently they pissed the wrong passenger off!

 

 

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I am Tim Somerville, not Marty156.

I did everything I could to get a reasonable settlement without going to court. After being offered a tiny percentage of what we paid for the “cruise” bus trip, I took Scenic to the Consumer Claims Tribunal. They engaged in dirty tricks to try to stop me subpoenaing their records. They briefed a barrister who argued that the Tribunal had no jurisdiction as it was an “Admiralty” case, because it involved a river passing through two different countries, so I would have to go to the Supreme Court. They probably figured the expense would make me drop the case. It was only at that time that I became really pissed off and decided to start a class action.

http://Http://www.somervillelegal.com.au/page16858/Scenic-Tours-Class-Action.aspx

A class action is the only way to get justice for everyone affected, without them having to pay anything except a percentage of the judgment or settlement.

I wish you luck, likely your legal action will eventually help others dealing with difficulties on future river cruises.

I too would have been beyond pissed off had I spent $20,000 for a $3,500 bus tour.

Keep us informed Timbos. My husband and I had always planned to use Scenic for a river cruise but after reading about their response to the floods and hearing of the experiences of yourself and others we decided to go with APT and will be traveling in April 2016. I wish you all the best and hope you have a positive outcome.