Scenic Tours

Scenic Tours Class Action 


This is a proposed class action on behalf of passengers who booked and travelled on a Scenic Tours (including Evergreen Tours and Emerald Waterways) river cruise from 1 June 2018 to 31 December 2018 on the Rhine-Moselle-Main-Danube river systems (Scenic Tours Class Action).

Passengers on river cruises operated by Scenic Tours Pty Ltd (Respondent) between 1 June 2018 and 31 December 2018 on the Rhine-Moselle-Main-Danube river systems may have a claim against Scenic Tours for damages and compensation if their cruise was disrupted to such an extent that they did not receive the cruise experience that Scenic Tours had presented and that they had paid for.

The Scenic Tours Class Action is being funded and run as a managed investment scheme, named Scenic Tours Litigation Funding Scheme [ARSN 649 659 094] (the Scheme), in compliance with new funded class action regulations introduced by the Australian government in 2020.

Notice dated 13 December 2021 - Postponement of Deadline for Applications – Scenic Tours Litigation Funding Scheme (ARSN 649 659 094).

In accordance with section 10 of the Product Disclosure Statement dated 24 September 2021 (PDS) for the Scheme, Omni Bridgeway Investment Management Limited (ACN 642 086 593 and AFSL No. 524023) (Issuer) has determined to extend the deadline for applications to participate in the Scheme from 15 December 2021 to 15 June 2022

This means that Omni Bridgeway (Fund 5) Australian Invt. Pty Limited (ACN 635 083 984, Authorised Representative Number 1283704) (Funder) proposes to fund a Class Action which is limited to a class that comprises only those potential claimants who have applied to be a member of the Scheme prior to the postponed deadline, which is now 15 June 2022.

Terms not defined in this Notice have the same meaning as in the PDS.

Applications to participate in the Scheme will only be accepted on the Application Form contained in or accompanying the PDS.

If you are eligible and would like to participate in the Scenic Tours Class Action, we encourage you to return your Application Form by 15 June 2022. Further details are set out in the PDS which is available and can be accessed using the link below or by contacting Omni Bridgeway using the details below.

Background 


It will be alleged that the Respondent breached the consumer guarantees contained in the Australian Consumer Law (ACL) and operated river cruises during the European Summer of 2018 on the Rhine-Moselle-Main-Danube river systems that did not meet the experience and level of service that the passengers had been promised and paid for.

Causes of Action


The alleged claim of breaches, by Scenic Tours, of consumer guarantees under the Australian Consumer Law will be brought by Somerville Legal who act for passengers on the Scenic Tour river cruises. Further details are set out in the PDS which is available and can be accessed using the link below or by contacting Omni Bridgeway using the details below.

How much will it cost to be part of the class action?


The class action is proposed to be funded by Omni Bridgeway on a “no win, no pay” basis as described in the PDS. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs it has spent plus a commission from such recovery only.

There are no ‘out of pocket’ costs for group members to pay. Group members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to the Scenic Tours.

How can affected group members participate in the class action?


If you are eligible to join the class action, you can apply to be a member of the Scheme and to participate in the class action by completing and returning the Application Form which is set out in the PDS. A copy of the PDS can be accessed here and should be read in its entirety prior to submitting an application. 

You may wish to register an expression of interest in respect of the Scheme to keep updated. Please note that registering an expression of interest with Omni Bridgeway does not represent an offer to participate in a Litigation Funding Scheme and is not a commitment by any person to fund a class action or potential class action in respect of the matters set out on this website. Omni Bridgeway also notes the following:

  • An offer to participate in a Litigation Funding Scheme shall only be done by way of the PDS issued by Omni Bridgeway Investment Management Limited (ACN 642 086 593, AFSL No. 524023) in respect of the Litigation Funding Scheme which can be accessed using the above link;
  • By registering an interest in participating in funded litigation, you consent to the Scheme’s Responsible Entity, Omni Bridgeway Investment Management Limited or Omni Bridgeway Limited (Authorised Representative of Omni Bridgeway Investment Management Limited) (ABN 45 067 298 088, Authorised Representative No 1283703) contacting you and providing further information in relation to litigation funding; and
  • You should consider with or without the assistance of your professional advisers whether or not to participate in the litigation to which the PDS relates.
If you have any queries, you can contact the Omni Bridgeway Client Liaison Team by email [email protected] or free call 1800 016 464.

A copy of the PDS can be accessed here.
Omni Bridgeway Limited is responsible for the contents of this website.

Target Market Determination


This target market determination is required under section 994B of the Corporations Act 2001 (Cth) (Corporations Act) and relates to the PDS dated 24 September 2021.

The Scenic Tours Litigation Funding Scheme (Scheme) is designed for participation by the Funder, the Lawyers and any claimant with a valid claim in the Class Action.  Interests in the Scheme can only be distributed to the Funder, the Lawyers and a claimant with an asserted claim in the Class Action.

The details of any dealings outside the target market that a distributor is aware of or any complaint (as defined in section 994A(1) of the Corporations Act) relating to the product design, product availability and distribution of the Scheme received by a distributor must be reported to OBIML within 10 business days following the end of a calendar quarter.

The details of any significant dealings outside the target market that a distributor is aware of must be reported to OBIML as soon as practicable but no later than 10 business days of becoming aware of the significant dealing.

This target market determination is reviewed every 2 years and must be reviewed within 10 business days following a determination by OBIML that significant dealing outside the target market determination has occurred.

Website Updated 13 December 2021 – Notice of Postponement of Deadline for Applications Scenic Tours Litigation Funding Scheme to 15 June 2022