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CrossCountry Trains advert banned over ‘insufficient’ free food and drink claims…

yorkie

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If a passenger booked an EMR first class ticket on the basis of the claims made on the website (applicable Monday to Saturday on the route to/from St Pancras), then if food wasn't available, they would be entitled to something back.

Our First Class train travel offers a relaxed environment and more space to stretch out. It’s available on all our intercity services to and from London St Pancras.

Here's what's included with an EMR First Class ticket:

  • Spacious, comfortable seats, each with a table
  • Quieter carriages
  • Plug sockets for laptops and mobile devices
  • Light food and refreshments served at your table, Monday to Saturday

Catering​

Choose from a selection of quality complimentary food, tasty treats and drinks, all served at your seat by your on board host throughout your journey. Our complimentary offer will be available to First Class customers Monday to Saturday.

On our Monday to Friday morning services, you will be offered a choice of a hot filled breakfast roll which includes a gluten-free option. Whilst we will make every effort to avoid any cross contamination, there is always a possibility of trace amounts of gluten crossing over within our small galley kitchen, therefore we cannot guarantee that our breakfast roll menu items are free of gluten. The hot breakfast rolls are served along with individually wrapped snacks including pastries, breakfast bars and biscuits.

On our Saturday morning services you will receive a cold breakfast offer of a sandwich, along with a selection of biscuits, yogurts and pastries.

Please note the breakfast options are provided up to and including the following services: 10:00 leaving Sheffield, 09:50 leaving Nottingham, and the 10:05 leaving London St Pancras.

In the afternoon there will be a choice of either a sandwich, wrap or salad, cakes and crisps, along with a selection of hot drinks, waters and fresh juice. You can now purchase alcohol on board, see the full range of alcohol available below.

The food provided during our on board First Class catering service is subject to availability.

We do not offer the First Class complimentary offer on Sundays.

View the First Class menu nutritional and intolerance information.
 
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43066

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If a passenger booked an EMR first class ticket on the basis of the claims made on the website (applicable Monday to Saturday on the route to/from St Pancras), then if food wasn't available, they would be entitled to something back.


I’m not at all sure they would. It does clearly state that food is “subject to availability”, hence sometimes it isn’t available!

It might be better if it stated catering rather than food, as sometimes tea and coffee isn’t available either.
 

LowLevel

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EMR do compensate for a lack of first class service on board. Not sure what it is off hand, but they do do something about it.
 

Djgr

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It appears that XC have now amended their website, as the ASA have acknowledged, to make clear that 1st class catering is very much subject to availability, not guaranteed etc.
Only in part as I pointed out a few threads up
 

rg177

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EMR do compensate for a lack of first class service on board. Not sure what it is off hand, but they do do something about it.
Also a completely different attitude in my experience (I literally did Sheffield to London in First straight after the XC experience previously mentioned). The staff came straight out with snacks and drinks, then presented me with a tray of sandwiches to choose from, came down with further snacks after Derby and Leicester, and then did another two runs between Leicester and London. They were insanely proactive and seemed to be very much enjoying it too.
 

43066

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EMR do compensate for a lack of first class service on board. Not sure what it is off hand, but they do do something about it.

Funny you mention that as I had a memory of being told there was something offered ages ago (possibly pre covid when it was still hot meals). AIUI it has always been on an ex gratia basis, rather than because there’s any entitlement to it, though. Hence it isn’t (as far as I can see) mentioned on the website - I’m not sure what the current state of play is.
 
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yorksrob

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Yet it was Arriva who introduced the 'bistro' area on HSTs and then started to offer pre-booked cooked meals of a reasonable standard in Standard, never mind First. I had no real complaints about either. All seems a long time ago now mind you.

I used that once on a trip to Bristol. It was very good.

I was wanting to use it on the way back but got bowled out by a voyager !
 

BrianW

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The key issue is not delivering what is promised and that is not acceptable corporate behaviour. You highlight lots of points which, whilst worthy of discussion elsewhere, are not really relevant.
The Advertising Standards Authority has much to commend it, e.g Shampoo which removes up to 10% of visible signs ofd dandruff * when viewed from such-and-such a distance (verified by 'representative' sample of a handful of folk!!
I agree that the XC ad was not accurate.
I'm glad you appreciate the validity of my more general points, although I am happy to thank you for pointing out that you consider them to be off-topic.
It seems to me that XC might well take the view that catering, and its staffing, and the related complaints, is too much bother.
 

43066

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I was wanting to use it on the way back but got bowled out by a voyager !

Not literally, I trust o_O.

(“Bowled out/over” has a very definite meaning on the railway!)

It seems to me that XC might well take the view that catering, and its staffing, and the related complaints, is too much bother.

Indeed. In the current climate I’m sure the DfT would love an excuse to get rid of it entirely, lay off the staff etc. It has already been significantly downgraded at many operators, with Covid providing a useful initial excuse for doing so.
 

yorksrob

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Not literally, I trust o_O.

(“Bowled out/over” has a very definite meaning on the railway!)



Indeed. In the current climate I’m sure the DfT would love an excuse to get rid of it entirely, lay off the staff etc. It has already been significantly downgraded at many operators, with Covid providing a useful initial excuse for doing so.

I was using basher speak ! (I think).
 

trainophile

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We've just booked the Aberdeen to Penzance experience for mid-June, in 1st. I'm glad this thread exists, we now know to buy a day's worth of food and drink before boarding.

I do hope there's hot drinks, be a bit grim for 13 hours with just bottled water otherwise.
 

gingerheid

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Can't they set up a system to offer vouchers for use at arrival or departure station if they can't provide on-train catering?
 

Bishopstone

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Can't they set up a system to offer vouchers for use at arrival or departure station if they can't provide on-train catering?

That would require a member of staff to issue the vouchers, a second member of staff to audit/account for the issuance of the vouchers, and someone else to negotiate and oversee contracts with the third party catering outlets who'd be accepting these vouchers. This is a disproportionate way to deal with a minor problem - ie, lack of sandwiches - so 'no', I'm afraid.
 

gingerheid

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Easyjet manage to hand out food vouchers electronically and automatically, without the involvement of any local staff presence. Perfectly possible if people are willing to put in a basic amount of effort to not treat passengers customers with contempt!
I accept though that the last condition means it's completely impossible :(
 

Bishopstone

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Easyjet manage to hand out food vouchers electronically and automatically, without the involvement of any local staff presence. Perfectly possible if people are willing to put in a basic amount of effort to not treat passengers customers with contempt!
I accept though that the last condition means it's completely impossible :(

Easyjet know who's flying with them. The railway often doesn't know who's travelling with them on flexible fares, season tickets, rovers etc.
 

Zerothebrake!

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We've just booked the Aberdeen to Penzance experience for mid-June, in 1st. I'm glad this thread exists, we now know to buy a day's worth of food and drink before boarding.

I do hope there's hot drinks, be a bit grim for 13 hours with just bottled water otherwise.
There's definitely no catering in Cornwall - it may be the same until after Edinburgh.
 

Metrolink

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Easyjet manage to hand out food vouchers electronically and automatically, without the involvement of any local staff presence. Perfectly possible if people are willing to put in a basic amount of effort to not treat passengers customers with contempt!
I accept though that the last condition means it's completely impossible :(
Is EasyJet giving out food vouchers when delaying/cancelling flights comparable to XC not catering their services? The two aren’t comparable to each other - EasyJet doesn’t have a first class equivalent.

I guess there’s the whole other conversation about the service XC provides - should they be required to feed meals to their customers? Nevertheless, the ASA is right to take steps to prevent the clear misleading tactics of XC to generate some more revenue. I’m no expert but I would assume that the margins are plenty and thats the reasoning to advertise it without the focus of the adequacy of the service provided.
 

Djgr

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That would require a member of staff to issue the vouchers, a second member of staff to audit/account for the issuance of the vouchers, and someone else to negotiate and oversee contracts with the third party catering outlets who'd be accepting these vouchers. This is a disproportionate way to deal with a minor problem - ie, lack of sandwiches - so 'no', I'm afraid.
Except it's not a minor problem for customers who have a long journey (3 hours+) and have no food and drink because they were falsely led to believe that it would be available and the TOC has failed.
 

RJ

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This really isn’t anything new.

The railway’s thing is “complementary means it’s not included as part of your ticket price, so if we don’t provide it, you have no recourse”. If they have the staff to do it, you might get a partial, or full catering service but it’s very much on a best endeavour basis.

Although understandably this isn’t made crystal clear in the advertising, this is where expectations should be set. For long journeys, best off making your own arrangements. On a recent CrossCountry journey from Durham to Bristol, we had to take an hour’s break at Birmingham because the catering service wasn’t provided, made a bit of a mess of the Advance fare arrangements for part of the journey but it had to be done.
 
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LowLevel

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This really isn’t anything new.

The railway’s thing is “complementary means it’s not included as part of your ticket price, so if we don’t provide it, you have no recourse”. If they have the staff to do it, you might get a partial, or full catering service but it’s very much on a best endeavour basis.

Although understandably this isn’t made crystal clear in the advertising, this is where expectations should be set. For long journeys, best off making your own arrangements. On a recent CrossCountry journey from Durham to Bristol, we had to take an hour’s break at Birmingham because the catering service wasn’t provided, made a bit of a mess of the Advance fare arrangements for part of the journey but it had to be done.
To be fair that position goes back a long time - however there is something to be said about the changes to consumer rights on the railway that mean it is not necessarily tenable to be like that now.
 

Djgr

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To be fair that position goes back a long time - however there is something to be said about the changes to consumer rights on the railway that mean it is not necessarily tenable to be like that now.
It's not just about consumer rights. It's about having an ethical consumer led mindset.
 

m0ffy

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To me, this is typical of the railway - happy to prosecute and penalise customers, relying on obscure rules and using powers private companies should not hold, but it really can’t be bothered to keep its end of the deal - implied or otherwise.
 

RGM654

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If you can't rely on food and drink being available on the train, and don't want to take a chance, then you have to buy them before you join the train. Doesn't that largely defeat the purpose of ever providing them on board?
 

trainophile

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If you can't rely on food and drink being available on the train, and don't want to take a chance, then you have to buy them before you join the train. Doesn't that largely defeat the purpose of ever providing them on board?

We're in the habit of doing that anyway, as OH is vegetarian. If there's anything provided we consider it a bonus and save our bought refreshments for when we get where we're going. I will be mightily upset if there's no cups of tea though.
 

Watershed

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Was it, IIRC, LNER who came out with a similar nonsense some time ago? It is nonsense, because unless the catering providers gift XC the food and drink, and the staff serving it are working for nothing, which of course is not the case, these things have to be paid for, and if not from the fares paid by passengers, where does the money come from?
Quite. If not first class ticket holders, who are they suggesting is paying for the cost of first class refreshments?

Standard class ticket holders? Taxpayers? There are no other sources of income on the railway - it's either passengers or taxpayers. And I'd be rather alarmed if standard class passengers or taxpayers are alleged to be paying for first class refreshments.

Simply put, the railway can't advertise first class refreshments in general terms, fail to provide them, and then claim they were never part of the deal. That is quite simply not how it works as a matter of consumer and contract law - and frankly, common sense.

If, like LNER, they advertise a specific menu (or no catering at all) by service then this would greatly clarify what passengers can (and can't) expect. But XC seemingly can't be bothered to do this.

It's not just about consumer rights. It's about having an ethical consumer led mindset.
Indeed. This is something that seems absolutely antithetical to the way the railway runs in Britain. It's all about operational convenience, fads and back-patting.
 

Tezza1978

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Quite. If not first class ticket holders, who are they suggesting is paying for the cost of first class refreshments?

Standard class ticket holders? Taxpayers? There are no other sources of income on the railway - it's either passengers or taxpayers. And I'd be rather alarmed if standard class passengers or taxpayers are alleged to be paying for first class refreshments.

Simply put, the railway can't advertise first class refreshments in general terms, fail to provide them, and then claim they were never part of the deal. That is quite simply not how it works as a matter of consumer and contract law - and frankly, common sense.

If, like LNER, they advertise a specific menu (or no catering at all) by service then this would greatly clarify what passengers can (and can't) expect. But XC seemingly can't be bothered to do this.


Indeed. This is something that seems absolutely antithetical to the way the railway runs in Britain. It's all about operational convenience, fads and back-patting.
Couldn't agree more. Disgraceful that an operator such as XC can think its acceptable not to offer catering on long distance journeys, but pocket people's money for an inferior service. Its all very well saying "bring your own food" - but as a poster has pointed out XC travel Penzance to Aberdeen - you'd want at least 2 meals on that journey. Id be furious if I couldn't get a tea or coffee in 1st on a journey like that.

Railways are supposed to be encouraging people to step away from their cars - and catering / a pleasant journey experience is key to that.



Moderator note:

this thread is specifically to discuss the ruling itself and matters directly relating to this.

For discussion of anything else, please use an alternative thread (if there is one already) or create a new one (if there isn't).
 
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