From piperalderman.com.au: A recent class action settlement involving Carnival plc, related to a cruise disrupted by adverse weather conditions, highlighted the challenges of claiming damages for distress and disappointment under Australian Consumer Law.

The settlement granted class members approximately $2,416,000, including legal fees and compensation, although the judge indicated that the case had substantial risks for the applicants, with Carnival’s liability likely difficult to establish.

The case demonstrates the importance of service providers in the travel and hospitality sectors having comprehensive terms and conditions to limit liability when customer expectations are not met.