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A class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways is still proceeding despite an impending High Court appeal, with the tour company now seeking to argue in an amended defence that class members could not reasonably rely on it to control water levels.
Scenic Tours wants the High Court to weigh in on a mixed ruling that left the luxury cruise company facing economic damages in a class action alleging they misled customers who were forced to take the bus.