Less than we bargained for ... cruise passengers (from left) Angela Hodgkiss with daughters Aimee, 11, and Isabelle, 9, Lucretia De Jong with daughter Lexandra, 10, and son Roman, 7, and Judith Bridgewater with daughter Georgia, 10, at Station Pier in Melbourne. Picture: Ian Currie
FACING a class action for taking cruise passengers to Melbourne and Hobart instead of New Caledonia, Carnival Australia has revealed it knew prior to departure that a tropical cyclone had turned into its ship’s path.
In a case which has the potential to strengthen cruise lovers’ rights to refunds and compensation, hundreds of passengers have joined the suit after paying thousands of dollars each for what they thought would be an eight-day Pacific Island voyage.
They accuse Carnival of false or misleading conduct for failing to advise of a “significant change” prior to leaving port at Sydney.
EXPERT LEGAL Q & A: Get your questions answered live and free now
Feels like home ... Ewan Sherman, of Hobart, who with his wife paid to cruise from Sydney to New Caledonia on the Carnival Spirit, only to be taken to chilly Hobart.Source:Supplied
News Corp Australia can reveal that Carnival’s defence document says it received a weather update at 4.30pm on March 10, 2015 that said Tropical Cyclone Pam had turned south.
The document, filed with the NSW Supreme Court, also discloses that passengers were still boarding until 5pm that day.
This could prove significant, because it shows the Spirit was still docked when Pam’s change in direction became known.
The passengers’ statement of claim says: “The defendant knew or ought to have known before the ship left Sydney that the ship would not proceed on the cruise to the region of New Caledonia.”
Carnival’s defence also reveals it was taking evasive action the day before departure, modifying the order in which ports in New Caledonia were to be visited. And it discloses that Pam had been under watch since March 6.
The defence says that at 10.30pm on March 10, shortly after leaving port, the captain issued a letter to the ship’s 2000 passengers, which in part read: “As you know, we’ve been keeping a close eye on Tropical Cyclone Pam located in the South Pacific. Based on the latest forecast, the storm is predicted to intensify to a category 4 cyclone with winds of over 200 kilometres (per hour) within the next 36 hours. In order to ensure your comfort and safety, it is now evident we must change our course and proceed south in order to avoid the storm’s path. We are working on an alternate itinerary and will have information by tomorrow morning.
Newlyweds Andrew Dance and Temple Shepherd of Campbell Town, Tasmania who went to work on the day the Spirit docked in Hobart.Source:Supplied
“We apologise for this unexpected change in plans. I know how much you were looking forward to our scheduled itinerary and regret Mother Nature is not co-operating with us.”
The next morning passengers were told they were heading to Melbourne and Hobart.
It’s believed that up to 400 Victorian passengers left the cruise in Melbourne. And News Corp Australia has previously revealed a honeymooning Tasmanian couple went to work for the day after unexpectedly end up in Hobart.
Short-changed ... Josh and Grace Oates during their March 7, 2015 wedding in Tasmania. Their honeymoon was cut short when it went to Hobart instead of New Caledonia. Picture: FacebookSource:Supplied
Carnival rejects the passengers’ claim, which is led by Melbourne mother Lucretia De Jong. It argues the terms and conditions made clear that “changes outside of our control” did not trigger “compensation unless consumer laws require otherwise”.
The claim alleges breaches of two sections of the Compensation and Consumer Act 2010.
A directions hearing is set for February 29.
Follow Public Defender columnist John Rolfe on Facebook
0 nhận xét:
Đăng nhận xét