Great Western Coffee Shop

All across the Great Western territory => Fare's Fair => Topic started by: Btline on February 11, 2014, 19:37:35



Title: Advance ticket delay refund
Post by: Btline on February 11, 2014, 19:37:35
Please would someone confirm whether I would be able to claim delay repay for the following?

Next month, I'm travelling from A to C via B, where I change trains (2 diff TOCs).

The cheapest ticket was an Advance A to B, plus an anytime single B to C. (Advance A to C was available but dearer)

If train A - B is 10 mins late, I will miss my connection B to C, with the next train an hour after. The connection is fully valid.

Can I claim delay repay and get the full refund for being an hour late? The ticket was bought on East Coast's website (neither TOC is EC).

I suspect not, but this is not fair, as I bought 2 tickets as it was cheaper!


Title: Re: Advance ticket delay refund
Post by: ChrisB on February 12, 2014, 11:40:23
No.

Coz you have two separate journeys, not one. Neither separate journey was delayed sufficiently.

That's what you lose by splitting tickets


Title: Re: Advance ticket delay refund
Post by: Southern Stag on February 12, 2014, 12:42:34
You should be entitled to compensation for the through journey. Most compensation policies make it clear that compensation is payable based on the delay to your journey. That you hold split tickets is irrelevant.


Title: Re: Advance ticket delay refund
Post by: brizzlechris on February 12, 2014, 13:06:21
National Rail Conditions of Carriage (http://www.nationalrail.co.uk/static/documents/content/NRCOC.pdf) - 19: "You may use two or more tickets for one journey as long as together they cover the entire journey"


Title: Re: Advance ticket delay refund
Post by: ChrisB on February 12, 2014, 14:00:03
In which case, submit to the second TOC & They will internally charge the first.


Title: Re: Advance ticket delay refund
Post by: Southern Stag on February 12, 2014, 14:43:49
You should submit to the first TOC, as it was their fault that you were late by an hour. Missing connections is one of the main reasons to claim compensation for delays as even a short delay can cause you to be delayed by an hour or more if you miss a connection but the claim for compensation should be sent to the TOC that delays you. Southeastern recently provided me compensation to 100% of my return ticket cost, as a result of a delay to my journey of over two hours. The only service Southeastern service I took was delayed by less than ten minutes but it meant I missed several valid connections along the line.


Title: Re: Advance ticket delay refund
Post by: SDS on February 12, 2014, 17:44:05
I have noticed this new bit in FGW passengers charter. I know its not relevant to the TOC your using.
I would however still claim NRCoC 19 applies, and as such because of the delay on the first leg, you are entitled to compensation for the entire journey.

Combination Tickets: Should you hold a combination of tickets for your journey we will
compensate you for the entire journey. Should a combination of tickets be held involving
different Train Operating Companies we will either address the compensation ourselves (if
the delay was caused by First Great Western) or forward to the company responsible (if not
First Great Western).


Title: Re: Advance ticket delay refund
Post by: JayMac on February 12, 2014, 18:12:23
Generally, when people are using a combination of tickets it's to save money.

So when compensation is due, the train company will be paying out less than would've been the case had the passenger had a through ticket. So it's right that compensation should be paid based on the tickets held for the overall journey.

That's not to say some Customer Services departments don't see it this way (Virgin being a prime example) and pay out only for the affected leg rather than the whole journey. Sometimes it takes a lot of to-ing and fro-ing before a TOC will comply with the NRCOC and their own Delay Repay/Customer Charter scheme.

A journey is a journey is a journey. That's from origin to ultimate destination.


Title: Re: Advance ticket delay refund
Post by: Southern Stag on February 12, 2014, 21:30:29
So when compensation is due, the train company will be paying out less than would've been the case had the passenger had a through ticket. So it's right that compensation should be paid based on the tickets held for the overall journey.
Unfortunately some TOCs don't seem to see the logic in that argument. Although not with split tickets, Transpennine Express once insisted to me that I wasn't entitled to compensation using a Rover ticket because it's heavily discounted. I tried to point out that I should receive a lower compensation because I was travelling on a discounted ticket but they just wouldn't accept it, until Passenger Focus got involved.


Title: Re: Advance ticket delay refund
Post by: Btline on February 13, 2014, 20:16:48
Thanks a lot for the comments. Appreciate the knowledge on here.

If I am delayed, Virgin will be getting the bill!

Isn't about time TOC terms and conditions were banned? I had to explain to Virgin that their "policy" regarding not selling excesses onboard was VOID as it was superseded by the NR T&C.


Title: Re: Advance ticket delay refund
Post by: JayMac on February 13, 2014, 20:36:13
Isn't about time TOC terms and conditions were banned?

Then we'd only get 20% compensation for a Single or 10% of a Return, for delays over an hour. Nothing more for two+ hours and nothing at all for a 30+ minute delay. And only for delays within the control of the industry. So nothing for delays due to cable theft, suicide, weather, plague of locusts, alien invasion. Unless the NRCoC is re-written.

All TOCs offer more than the legal minimum. Long may it continue.

I would, however, like to see all TOCs on Delay Repay, but with better arrangements for Season Ticket holders, and with compensation paid back based on the original method of payment, and/or the ability to cash in Rail Travel Vouchers issued by any TOC.


Title: Re: Advance ticket delay refund
Post by: SDS on February 13, 2014, 20:51:13
Thanks a lot for the comments. Appreciate the knowledge on here.

If I am delayed, Virgin will be getting the bill!

Isn't about time TOC terms and conditions were banned? I had to explain to Virgin that their "policy" regarding not selling excesses onboard was VOID as it was superseded by the NR T&C.

Then the more favourable terms apply to the customer.


Isn't about time TOC terms and conditions were banned?

Then we'd only get 20% compensation for a Single or 10% of a Return, for delays over an hour. Nothing more for two+ hours and nothing at all for a 30+ minute delay. And only for delays within the control of the industry. So nothing for delays due to cable theft, suicide, weather, plague of locusts, alien invasion. Unless the NRCoC is re-written.

All TOCs offer more than the legal minimum. Long may it continue.

I would, however, like to see all TOCs on Delay Repay, but with better arrangements for Season Ticket holders, and with compensation paid back based on the original method of payment, and/or the ability to cash in Rail Travel Vouchers issued by any TOC.

Ah but this will also be changed once the EU Rail Passenger Rights and Obligations Regulation finally comes into force in the UK. The DfT keep exempting the railways from it but they can only exempt it so many times AFAIK.
Interesting FoI response here
https://www.whatdotheyknow.com/request/regulation_ec_13712007#incoming-63489


Title: Re: Advance ticket delay refund
Post by: ChrisB on February 14, 2014, 14:36:53
hmm...

Quote
Therefore, Ministers decided to grant exemptions, to the maximum possible extent, from the 4 December 2009

and

Quote
The exemption granted by the Statutory Instrument would, in the absence of any further action, lapse after five years, but the instrument can be amended or revoked by a further Instrument at any time.

No mention of an extension though. So this expires on 4 December this year!


Title: Re: Advance ticket delay refund
Post by: SDS on February 14, 2014, 15:54:05
I like the bit which says if the passenger wants it, refunds have to be in money. However the threshold rises to 1hr plus for compo.


Title: Re: Advance ticket delay refund
Post by: paul7575 on February 14, 2014, 18:07:15
It also points out that:

Quote
Current compensation levels specified in the NRCoC and franchise agreements already exceed the minimum levels specified in the Regulation, and will not be amended to impose lower amounts Train Operating Companies will have to use the current limits specified in franchise agreements and the NRCoC.

The fact there's a current exemption seems to be a load of fuss about nothing.  I'd heard this before, that the EU proposals don't actually provide anything not already happening in GB...

Paul


Title: Re: Advance ticket delay refund
Post by: JayMac on February 14, 2014, 19:06:46
The fact there's a current exemption seems to be a load of fuss about nothing.  I'd heard this before, that the EU proposals don't actually provide anything not already happening in GB...

Except for the right to have compensation paid in money rather than Rail Travel Vouchers. That is something I would like to be included in the rights afforded to rail passengers.


Title: Re: Advance ticket delay refund
Post by: bobm on February 14, 2014, 19:22:05
I can see why some would like a cash refund rather than vouchers.  I am not particularly worried about vouchers, but I would like them to be valid for on-line bookings.



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