We all like to go on holidays and enjoy ourselves. If there is disappointment and stress because an operator breaches it’s consumer guarantee, you may have a claim for compensation.
A recent decision of the Supreme Court of New South Wales determined Scenic Tours had breached it’s consumer guarantee to exercise due care and skill in the provision of services because the tourists on a European River Cruise did not receive what they had bargained for, namely, ‘a luxury five star experience’ on the cruise in accordance with the selected itinerary which would include highlighted events and destinations because of inclement weather which prevented the cruises from operating.
The Court held that Scenic Tours had breached it’s consumer guarantee to exercise due care and skill and that damages for disappointment and distress constituted personal injury and thus damages could be awarded. Scenic Tours have appeared certain findings of the decision to the High Court of Australia and the matter is yet to be determined. However, the High Court refused to allow an Appeal on the finding in relation to the damages being awarded for disappointment and distress.
On the basis of the High Court not allowing an Appeal relating to damages for disappointment and distress, a consumer now has the right to make a claim if they allege a tour operator breached consumer guarantees for service because the consumer had not received what they had bargained for.
If you think you may have a compensation claim, it is always best to get expert legal advice early. Call Peter Moore, Compensation Lawyer on 4324 7699 now.