Breach of Holiday contract

20 June 2022

Have you suffered disappointment arising from the breach of a holiday contract.   If you have you may be entitled to claim compensation.


In a case relating to Scenic Tours  Pty Ltd a passenger booked a luxury European river cruise for himself and his wife which was described in the brochure as a  `once in a life time cruise along the grand waterways of Europe`.  He paid for the cruise 12 months in advance using his life savings.  


The couple were due to cruise from Amsterdam to Budapest over 10 days.  They looked forward to unpacking only once and seeing the various jewels  of Europe from the convenience of their cabin.  A river cruise suited the passenger as he had back problems which made it difficult for him to spend long periods of time sitting down.


Due to heavy and extensive rainfall many towns along the route were flooded.  Locks were damaged and high water levels meant that ships could not pass under many bridges along the waterways.  Despite this Scenic Tours did not cancel the cruise but instead amended the mode of transport to travel by coach.  The passenger, his wife and fellow passenger were required to stay  in hotels, unpacking and repacking at each destination.  The brochure had assured passengers that the cruise would be `truly unforgettable` but unfortunately for the passenger it was one he wanted to forget.


The High Court of Australia determined that the disappointment and distress to the passenger was compensable and Scenic Tours was required to pay compensation.  As a result it is now clear that if a holiday service provider, such as a cruise line, breaches its contract or guarantees set by law it is obliged to compensate the consumer for their resultant disappointment and distress from their ruined holiday.


If you have suffered disappointment and/or distress from the breach of a holiday contract you may be entitled to claim compensation.    If you believe you may have a claim and want to know where you stand please feel free to contact Peter Moore, Solicitor at Whitelaw McDonald, Solicitors on 4941 8999 for an informal no obligation chat as to your rights.  It is important to remember that strict time limits do apply.

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