Australia's High Court has unanimously ruled that Scenic Tours is liable for damages to passengers whose European river cruises were disrupted by high water in 2013.
The unanimous ruling April 24 overturned a lower court decision that ordered the company had to make refunds, but that it wasn't liable for further damages.
The case was brought by David Moore, who said he and his wife spent $18,000 for a luxury river cruise that was turned into a second-rate bus tour after high water prevented the line from sailing.
In 2017, the Supreme Court of New South Wales found that Scenic had breached its obligations under the Australian Consumer Law and ordered it to refund what Moore paid for the holiday plus damages for his disappointment and distress.
In 2018, the New South Wales Court of Appeal confirmed that Scenic had breached its obligations but overturned the award of damages.
Under the ruling, the case will go back to the Supreme Court of New South Wales to determine how much Scenic will have to pay Moore and others for damages, according to plaintiffs' attorney Ben Hemsworth.