Speaker 1 (00:00):
Cruise ship passengers have launched a class action lawsuit against a major cruise operator after the trip to the Pacific six years ago who was hit by a cyclone. The P&O’s Pacific Aria sailed into the path of category five cyclone Donna as part of a seven-day cruise to Noumea and Vanuatu. Because of that decision, lawyers representing the passengers say the cruise was not able to deliver on its promises.

Speaker 2 (00:26):
Hey there, cruiser. Welcome aboard P&O Cruises’ Pacific Aria.

Speaker 1 (00:30):
P&O’s Pacific Aria Cruise line advertises relaxation, style and the ability to drift away from your troubles on land.

Speaker 2 (00:39):
Place like no place on Earth. First up [inaudible 00:00:41]

Speaker 1 (00:40):
But it’s trouble at sea more than 1000 passengers claim they sailed into when they were hit by severe cyclone Donna in May 2017. In videos provided to the lawyers by the cruise goers, waves are seen lapping at the sides of the deck, while heavy seas caused the onboard pool to slosh to and fro. Lawyer Peter Carter says his clients didn’t receive the cruise experience advertised and therefore deserve compensation.

Peter Carter (01:10):
The claim is for all the passengers on the vessel that departed Brisbane, sailed into a cyclone. The passengers weren’t given the opportunity to cancel the cruise even though there was a cyclone warning and a travel advisory not to travel to Vanuatu.

Speaker 1 (01:26):
The category five cyclone Donna first formed off Fiji in early May 2017. It then swept eastward toward the northern islands of Vanuatu and also toward the planned path of the P&O cruise liner as it was leaving port in Brisbane. The passengers claim they were left distressed and terrified as their lawyer, Mr. Carter explains

Peter Carter (01:50):
Huge waves smashing into the side of the ship and water sloshing around the public areas and into some cabins, dining room crockery and glassware being thrown around, staff visibly upset, and it was naturally not anything like what was expected in terms of a South Pacific cruise, when the cruise line had the opportunity not to depart and to refund everyone’s fare right at the start

Speaker 1 (02:26):
On land, the cyclone would damage crops in Northern Vanuatu sending heavy rain and disastrous winds across the islands. In New Caledonia too, the capitol, Noumea, bunkered down, yet again, the case alleges, disrupting the cruise passenger’s plans as their ship sailed into port.

Peter Carter (02:44):
It arrived in Noumea just as the cyclone was intensifying to category five, and the city was being battened down. Some passengers left the ship there to fly back to Brisbane or stay in Noumea until it was safe to fly back to Brisbane because they didn’t want to endure the return journey. Others stayed aboard. Some got off, walked around, but very little to do. Not the typical South Pacific port visit.

Speaker 1 (03:17):
But the class action suit doesn’t aim to seek payouts for any injuries or damage caused during the cruise. Instead, the passengers are suing for disappointment suffered because they claim what they were promised did not match what they actually experienced.

Peter Carter (03:33):
Exactly, it is a consumer law case. That’s what it is. It’s about the acquisition of services by the consumers from the service supplier and the statutory guarantees that apply in those acquisition cases in those contracts.

Speaker 1 (03:51):
Now, did any of the passengers have travel insurance or anything else that would cover some of this loss, some of that disappointment, those damages?

Peter Carter (03:59):
No. Travel insurance doesn’t extend to these losses at all. Travel insurance relates to injuries or medical treatment or canceled journeys. It doesn’t relate to this type of situation.

Speaker 1 (04:14):
The class action suit against P&O’s parent company, Carnival, has been filed in Brisbane’s federal court in Australia. It is seeking damages of around five to $10,000 per passenger and refunds of their tickets.

Peter Carter (04:28):
The claim is on behalf of all of the passengers. We will need to get in touch with all of them in due course. We have been in touch with several hundred now, but there are many others who haven’t been in touch, and so we will be notifying all the passengers in due course.