Episode Ten - River Cruising with the Consumer Guarantees

Come on a cruise through the luxury that is the Australian Consumer Law in Episode 10 of Keeping Up with the Consumer Law. In this Episode 10 the Joels explore the case of Moore v Scenic Tours Pty Ltd and how the consumer guarantees can apply to services like holidays.

In 2013, due to heavy and damaging rain in Europe many luxury river cruises were significantly impacted due to the rivers in which they travel breaking their banks or simply being too high to allow the cruise ships to pass under bridges. Scenic Tours Pty Ltd was one of the cruise providers impacted by the weather. The river conditions seriously impacted on the experiences of paying customers, with many of them having to move between ships moored at different places along the rivers by bus, and in a lot of circumstances the promised ‘cruising’ simply could not happen.

In 2016, several passengers commenced a class action against Scenic Tours for allegedly failing to meet the standards required by the Australian Consumer Law, specifically that the services were not fit for the purpose for which they were procured, and that Scenic Tours did not render the services with due care and skill. After lengthy Court proceedings across several courts, the matter was resolved in 2023 (although some administrative matters continue) with Scenic Tours being required to pay compensation as the services provided were not fit for the purpose for which they were procured, including damages for disappointment.

This is the tenth episode of Keeping Up with the Consumer Law. Keeping Up with the Consumer Law is financially supported by the Law Foundation of South Australia.

Want to learn more about this case? There is a long litigation history to this case, check out some of the details here:

o Moore v Scenic Tours Pty Ltd [2017] NSWSC 733 (First Instance Judgment)

o Scenic Tours Pty Ltd v Moore [2018] NSWCA 238 (Appeal Judgment)

o Moore v Scenic Tours Pty Ltd [2020] HCA 17 (Appeal of Appeal Judgment)

o Moore v Scenic Tours Pty Ltd (No 4) [2022] NSWSC 270 (Damages Assessment)

o Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 (Appeal of Damages Assessment)

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Keeping Up with the Consumer Law is intended to be for educational purposes only and should not be considered legal advice. Does this episode raise any questions for you about how you can use the ACL or what your obligations are under the ACL? We recommend seeing a lawyer, head over to ⁠www.consumerlaw.media/legal-advice⁠ for more information.

Keeping Up with the Consumer Law is recorded and produced on Kaurna Country.