Scenic Tours

Scenic Tours Class Action 


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

Passengers on river cruises operated by Scenic Tours 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 promised and that they had paid for.

The 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.


Causes of Action


Broadly, it will be alleged that Scenic Tours breached the consumer guarantees contained in the Australian Consumer Law (ACL) by operating 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.

The Class Action is being run by law firm, Somerville Legal.


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.

Who are the Group Members in the Class Action?


You are a Group Member in the Class Action, and eligible to apply to join the Scheme, if:

  1. you booked a place on or travelled on any of the river cruises operated by Scenic Tours as listed below;
  2. suffered loss or damage because of the conduct of Scenic Tours described in the Statement of Claim;
  3. are not:
    1. legal practitioners or funders providing (respectively) services to Mr Kelly and other Group Members in order to assist them to recover the relief claimed in the Class Action; or
    2. judicial officers of the Supreme Court of New South Wales of the High Court of Australia.

The relevant river cruises are:

  1. NBU180618.1 – Scenic ‘Gems of the Danube’ cruise from Nuremberg to Budapest commencing on 18 June 2018.
  2. STC250618.1 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest commencing on 25 June 2018.
  3. NBU120718.1 – Scenic ‘Gems of the Danube’ cruise from Nuremberg to Budapest commencing on 12 July 2018.
  4. NBU180718.1 – Scenic ‘Gems of the Danube’ cruise from Nuremberg to Budapest, commencing on 18 July 2018.
  5. STC250718.2 – Scenic ‘Jewels of Europe’ cruise from Budapest to Amsterdam, commencing on 25 July 2018.
  6. STC300718.2 – Scenic ‘Jewels of Europe’ cruise from Budapest to Amsterdam, commencing on 30 July 2018.
  7. EWCR040818.2 – Evergreen ‘Splendours of Europe’ cruise from Budapest to Amsterdam, commencing on 4 August 2018.
  8. STC060818.2 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest, commencing on 6 August 2018.
  9. STC150818.1 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest commencing on 15 August 2018.
  10. SCT200818.1 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest, commencing on 20 August 2018.
  11. STC030918.2 – Scenic ‘Jewels of Europe’ cruise from Budapest to Amsterdam commencing on 3 September 2018.
  12. EWCR080918.2 – Evergreen ‘Splendours of Europe’ cruise from Budapest to Amsterdam, commencing on 8 September 2018.
  13. STC170918.1 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest commencing on 17 September 2018.
  14. NBU200918.1 – Scenic ‘Gems of the Danube’ cruise from Nuremberg to Budapest, commencing on 20 September 2018.
  15. STC011018.2 – Scenic ‘Jewels of Europe’ cruise from Budapest to Amsterdam commencing on 1 October 2018.
  16. STC101018.1 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest, commencing on 10 October 2018.
  17. STC151018.1 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest, commencing on 15 October 2018.
  18. AMBC221018.2 – Scenic ‘Rhine Highlights’ cruise from Amsterdam to Basel, commencing on 22 October 2018.
  19. STC241018.2 – Scenic ‘Jewels of Europe’ cruise from Budapest to Amsterdam, commencing on 24 October 2018.
  20. STC071118.1 – Scenic ‘Jewels of Europe’ cruise from Amsterdam to Budapest commencing on 7 November 2018.
  21. CHMA211118 – Scenic ‘Christmas Markets’ cruise from Budapest to Amsterdam commencing on 21 November 2018.

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 or if you would like to request a copy of the Constitution, you can contact the Omni Bridgeway Client Liaison Team by email [email protected] or free call 1800 016 464.

Notices

Notice dated 12 August 2022 – Proceedings now filed – Scenic Tours (ARSN 649 659 094) (Scheme)

Omni Bridgeway Investment Management Limited (ACN 642 086 593 and AFSL No. 524023) gives notice that the proceedings for this open class action have now been filed in the Supreme Court of New South Wales, being Darran Kelly v Scenic Tours Pty Limited (Proceeding No. 238642 of 2022).  

Notice dated 12 August 2022 – Issue of Supplementary PDS 

Please note a Supplementary PDS dated 12 August 2022 has been issued by the responsible entity for the Scheme.  

The changes that are made to the PDS by the SPDS reflect that the Class Action against Scenic Tours Pty Ltd (the Class Action) is being brought on an ‘open’ basis, rather than as a ‘closed’ class action.  The effect of the Class Action being filed on an ‘open’ basis is that each person who falls within the class of Group Members defined in the Statement of Claim (as set out above) will be included in the class covered by the Class Action unless they take steps to positively opt out of the Class Action.

Please refer to the Supplementary PDS for further information.  The Supplementary PDS should be read in conjunction with the existing PDS, both of which are available using the links to the PDS on this page. 

Notice dated 27 June 2022 – Scenic Tours (ARSN 649 659 094) (Scheme) – Federal Court’s Decision on Litigation Funding Schemes

On 16 June 2022 the Full Court of the Federal Court of Australia delivered judgment in LCM Funding Pty Ltd v Stanwell Corporation Limited  [2022] FCAFC 103. The Court decided that a litigation funding scheme is not a managed investment scheme.

OBIML is considering the impact of the judgment on the managed investment scheme that has been registered in respect of this class action and will provide a further notice to scheme members and prospective scheme members.

OBIML does not anticipate that the decision has any impact on the class action itself, and OBIML expects the class action to continue to progress. 

Notice dated 14 June 2022 - Extension to 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 June 2022 to 15 September 2022. 

This means that Omni Bridgeway (Fund 5) Australian Invt. Pty Limited (ACN 635 083 984, Authorised Representative Number 1283704) (Funder) currently proposes to fund a ‘closed’ 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 extended deadline, which is now 15 September 2022. A Supplementary Product Disclosure Statement will be issued for the Scheme if it is proposed that the Class Action be pursued on an ‘open’ basis, which will explain the means by which potential claimants can become a member of the Scheme in those circumstances.

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 as soon as possible. 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.

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 14 June 2022 – Notice of Extension of Deadline for Applications Scenic Tours Litigation Funding Scheme to 15 September 2022
Website Updated 11 October 2022 – Removal of Deadline for Applications Scenic Tours Litigation Funding Scheme