DAVID Moore and Janette Howell spent their life savings – $26,200 – on what they expected to be a relaxing river cruise through the picturesque French and German countryside. Instead, they spent hours on substandard coaches, including one without a working toilet and airconditioning, and missed out on much of the promised sightseeing.
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They are leading a class action against leading Australian travel company Scenic Tours, which has its head office in Newcastle, claiming its ‘‘expensive, luxury river cruises’’ turned into ‘‘cheap, second-rate bus tours’’ because of extensive flooding in Europe.
Up to 1300 people who travelled with Scenic Tours and Evergreen Tours in Europe in 2013 between May 10 and June 14 will be invited to join the class action being run in the NSW Supreme Court.
Heavy rainfall in France and Germany in April and May 2013 caused extensive flooding and water levels on the Rhine, Saone, Rhone and Danube rivers rose so high that cruise boats were unable to operate as scheduled for about six weeks.
Mr Moore, a Lake Macquarie school teacher, said Scenic Tours did not give passengers any warning of the significant changes, disruption or delays to the itinerary necessitated by the weather. He said that given his chronic back problems ‘‘no way in this lifetime would I have booked a bus tour’’.
In a statement of claim, the group said Scenic Tours breached Australian consumer law by failing to cancel or delay the cruises, offer alternative tours, or warn of expected disruptions. Instead of visiting cities via the river and spending nights on a boat, the tourists said they endured long bus rides and in some cases stayed at ‘‘low-budget hotels’’.
Sydney firm Somerville Legal initiated the class action after founding partner Tim Somerville and his wife Julie were passengers on a cruise in southern France that began on May19, 2013.
More than 120 people have signed up and the firm will be writing soon to all passengers from the 16 affected cruises asking them to join.
‘‘Many chose to cruise because of limited mobility or other health problems,’’ said Benjamin Hemsworth, of Somerville Legal.
‘‘Travelling long distances by bus was the last thing they expected, and nothing like what they paid for.’’
Scenic Tours is defending the case. It said the standard terms and conditions of the contract allowed it to make changes to itineraries, including because of road, river or weather conditions.
It said the river cruises were not operated by it but by independent contractors, including Scenic Tours Europe AG, and any claim must be pursued against them.
The case returns to court in July and the substantive hearing will take place in April 2016.
