Betty and Jim had just retired and as they had already paid off their house decided to spend some of their super lump sum on European river cruise. In all their lives they had never had a big overseas holiday. They wanted five-star luxury all the way. They decided on a twenty-one-day cruise from Budapest to Amsterdam with RhineOh Cruises described as a 'trip of a lifetime'. The total cost of the cruise for the couple was $42,000.

Included in the cruise was three gourmet meals per day, all beverages including the best wine, beer and champagne, and all onshore excursions including transport and any admission fees. They would be accommodated in the boat's Riverview Suite for the duration of the cruise, and be able to see highlights of four countries without having to constantly pack and change accommodation.

This particularly suited Jim who had a chronic illness and was less mobile than his partner. The package also included five-star hotel accommodation at the beginning and end of the cruise as well as return business class flights from Sydney.

However, in the month before the trip was to begin there was two weeks of record breaking torrential rain which flooded the Danube and the Rhine rivers making them unnavigable for the cruise boats used by Rhine-Oh because the height of the water prevented boats getting under bridges and docking at wharves. This was to be the case for a period of six weeks and understood by the cruise operators.

Nevertheless, passengers were not warned that they would not be able to enjoy cruising for the entirety of the trip. So, even though the cruise company knew weeks before embarkation that the way the holiday would be run would be completely different, the passengers were not given an opportunity to rebook at another date. When Betty and Jim arrived in Budapest they discovered that the tour instead would comprise coach trips throughout the itinerary. And although accommodation would still be five star, and all food was provided, most of their time was spent on the road and packing and unpacking at each stop. They did not see the same sights as listed on the Rhine-Oh tours brochure but instead were taken to sights which Rhine-Oh assured them were of equivalent interest and grandeur. Instead of an enjoyable and relaxing river cruise Betty and Jim endured a fraught and frantic road trip.

The Rhine-Oh Tours cruise was advertised in Australia, sold through an Australian travel agent, payment was made in Australian dollars and the contract was executed in Sydney.

The contract contained the following conditions:

The proper law of this contract will be the law of Hungary. Any dispute between the parties will be resolved by arbitration.

Cruise itineraries may be varied due to circumstances beyond Rhine-Oh's control such as weather and river levels.

In these circumstances Rhine-Oh Tours reserves the right to substitute transport modes and accommodation of a similar standard where these variations are deemed necessary.

Rhine-Oh Tours has no liability to passengers for variations made to the itinerary under circumstances beyond their control.

Advise Betty and Jim.