SCENIC Luxury Cruises and Tours says the Court of Appeal judgement in relation to the 2013 class action over cancelled cruises during European floods (TD yesterday) was “not a total rejection” of the operator’s position, with the court ordering a reassessment of the compensation to be paid.
After studying the detailed ruling, Scenic has noted the appeal judges found the original Supreme Court outcome had several errors, in particular in relation to the damages ordered against Scenic (TD 01 Sep 17).
That earlier ruling found the lead plaintiff should receive a 100% refund plus $2,000 in damages, and at the time the law firm behind the class action, Somerville Legal, claimed that meant Scenic was potentially facing costs of up to $14 million.
However this week’s decision, while upholding some elements of the original judgement, found the Supreme Court “made an error in awarding a full refund,” and that any compensation should take into account the value of the services Scenic did provide, the company said.
Scenic noted that following the “difficult and unforeseen events of 2013” it had already acted to ensure guests are fully covered, by advising of any issues prior to departure where possible.
Scenic’s River Cruise Guarantee had also been introduced, which refunds the portion of any cruise affected by these types of events.
The proceedings now return to the Supreme Court which will reassess compensation payable.
Source: traveldaily