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Iconic Australian river cruise line Scenic, which lost an appeal in the NSW Court of appeal recently over compensation for 1,000 passengers affected by flooded rivers in Europe in 2013, is now facing further action for “distress and disappointment”.

Additionally, some passengers from 14 cruises who were allegedly affected by low water levels in 2018, have lodged submissions with the high court.

The company is appealing an order to produce documents concerning the cruises, and the case is likely to be heard next year.

Lawyer Cameron Graham from Sommerville Legal maintains: “They booked and paid for a luxury cruise and what they were provided with was something entirely different.

“They had gone to Europe expecting to receive what was advertised by Scenic Tours in their brochure, and what they instead got was a poor substitute.”

The lawyers will be arguing that, “despite their experiences with the 2013 cruises, Scenic again did not cancel tours and refund money to passengers”.

Scenic said in a statement to Cruise Passenger: “Extreme weather conditions in Europe in 2013 impacted on river cruise operations across the Rhine Main and Danube rivers and was the basis for the class action against Scenic which is currently before the High Court.  Since 2013, Scenic has improved communication to ensure guests are more aware of extreme weather issues that may impact on river conditions and therefore more able to make an informed choice on their holiday. This includes the establishment of our bespoke compensation through River Cruise Cover.

“River Cruise Cover provides automatic cover once guests have commenced a cruise against certain delays or cancellations that occur due to adverse weather conditions, natural disasters, mechanical breakdowns or strikes.”