Recently a case came before the High Court of Australia in which a couple had booked a 10 day “once in a lifetime cruise along the grand waters of Europe” from Amsterdam to Budapest but ended up, due to severe weather conditions, sailing for only 3 days with much of their journey being spent on a bus!
In the case of Moore v Scenic Tours Pty Ltd [2020] HCA 17 the Moores claimed both for the difference in value between what they had paid for the tour and its actual value as well as damages for the disappointment and distress due to a breach of contract to provide a pleasant and relaxed holiday relying on various sections of the Australian Consumer Law to allege the river cruise was unfit for its purpose and was not of a nature or quality as could reasonably be expected.
The High Court upheld the Moores’ claim and the damages awarded to them by a lower Court for the loss in value of the holiday being $10,990.00 and the disappointment and distress suffered by them being $2,000.00.
So, the next time you book a holiday and it does not live up to expectations, the tour operator will not be able to dismiss your claim out of hand and may well end up having to pay for your disappointment.
July 2020