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Updated National Rail Conditions of Travel (NRCoT) - Effective from 6th February 2022

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Haywain

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It's just so telling that rather than arguing that the railway can and should be doing better, you're trying to convince me that everyone else is already doing worse so it's ok (which is a contested point anyway). This is in fact precisely the attitude which had led us to such severe customer experience problems.
Don't be ridiculous. I was making the point that the railway is no more liable for the cost of a theatre ticket than a theatre or football club is for the cost of a rail ticket. It's nothing to do with the fact that all businesses should be doing what they reasonably can to avoid cancellations.
 
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Starmill

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Don't be ridiculous. I was making the point that the railway is no more liable for the cost of a theatre ticket than a theatre or football club is for the cost of a rail ticket. It's nothing to do with the fact that all businesses should be doing what they reasonably can to avoid cancellations.
It's contentious, in both cases. They may both be liable for damages if it is down to them that there's a 'last-minute' cancellation.
 
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If TOCs are going to have more scope to unbook or re-time you at short notice, then there is greater risk of losing out on other tickets making up a complicated trip, unless there is specific protection offered.

Where a TOC changes timing (or cancels) a train for which you have an Advance ticket, there is a promise that you can cancel the ticket for the affected train without penalty. How far (if at all) does that currently extend to full refunds on other Advance tickets that form part of the same overall trip - eg

i) another Advance as part of a split on the same overall journey as the refundable Advance (eg A-B refundable, how about B-C if it forms part of same journey A-C?)

ii) one or more Advances that have been purchased to get you back to the origin (possibly days or weeks later) as part of the same trip (eg A-B refundable, how about journey B-A covered by one Advance, or covered by Advances B-D and D-A?)

iii) one or more Advances that form part of an onward journey rather than back to origin (eg A-B refundable, how about B-E Advance a week later, and E-F Advance a week after that? Not at all? Only if there is also ticketing held for eventual return by train from F-A?)
 

Bletchleyite

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If TOCs are going to have more scope to unbook or re-time you at short notice, then there is greater risk of losing out on other tickets making up a complicated trip, unless there is specific protection offered.

Where a TOC changes timing (or cancels) a train for which you have an Advance ticket, there is a promise that you can cancel the ticket for the affected train without penalty. How far (if at all) does that currently extend to full refunds on other Advance tickets that form part of the same overall trip - eg

i) another Advance as part of a split on the same overall journey as the refundable Advance (eg A-B refundable, how about B-C if it forms part of same journey A-C?)

ii) one or more Advances that have been purchased to get you back to the origin (possibly days or weeks later) as part of the same trip (eg A-B refundable, how about journey B-A covered by one Advance, or covered by Advances B-D and D-A?)

iii) one or more Advances that form part of an onward journey rather than back to origin (eg A-B refundable, how about B-E Advance a week later, and E-F Advance a week after that? Not at all? Only if there is also ticketing held for eventual return by train from F-A?)

A fairly large part (but not all) of this would be dealt with by getting rid of the administration fee entirely, thus making ticket changes only cost the difference in fare. With e-tickets it doesn't reflect any administration anyone has to do anyway, it's all done automatically with no human intervention.
 

AlterEgo

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I don't think a concert promoter would last long if they cancelled the gig a few hours, or a day or two beforehand and had people turning up expecting it to go ahead and it just wasn't any longer. However, at the moment, that's a frequent occurrence on the railway. Certainly at least weekly it's happening.
The very worst thing the railway does is fail to contact people whose connections or itineraries have changed. So many tickets are bought online it really is unacceptable.

OBB emailed me yesterday to say I have an 86 minute delay en route to Bucharest on the Dacia sleeper next month (which is fine!). It is not hard.
 

Bletchleyite

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The very worst thing the railway does is fail to contact people whose connections or itineraries have changed. So many tickets are bought online it really is unacceptable.

OBB emailed me yesterday to say I have an 86 minute delay en route to Bucharest on the Dacia sleeper next month (which is fine!). It is not hard.

Totally agreed. Airlines have done it for years. While their situation is a bit simpler, it wouldn't be at all hard for each retailer to do it.

The NRE app can already do it if you set it up manually, so there's clearly the software there already.
 

Kite159

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So if someone buys an advance ticket for the 10:00 train from X to Y arriving at 12:00, suddenly finds that 10:00 train has been deleted from the system the night before due to an unknown reason and the next train to Y is at 11:00 which takes longer, arriving at 13:15. They won't be entitled to any money back for being delayed as the train was pre-cancelled the night before?

Railways, thinking they are above contract law once more, and if anybody is serious about taking them all the way to court they will probably pay out at the last minute rather than face a judge as it might cost them more money.

Next time that passenger will simply take the car or an alternative form of transport.
 

robbeech

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Also correct, though tickets sold prior to the release will be subject to the old terms.

Presumably - if we can presume anything in this situation - any tickets already sold are subject to the current terms regardless of date of travel?

Yes, in theory, but of course we know in practise this won’t be the case and passengers will be royally fobbed off here.

Don't be ridiculous. I was making the point that the railway is no more liable for the cost of a theatre ticket than a theatre or football club is for the cost of a rail ticket. It's nothing to do with the fact that all businesses should be doing what they reasonably can to avoid cancellations.

Agreed, but at the same time only one of the aforementioned industries has received an ongoing support package worth Billions from the tax payer whereas the other has had the equivalent of about 3 months net profit whilst expecting to continue to run in impossible conditions whilst suffering 22 and counting months of costs. Given the tax payer is funding the ever decreasing level of service you’d maybe hope that the rights of the passenger may not be stripped away day by day but alas that isn’t the purpose of the railway.

The very worst thing the railway does is fail to contact people whose connections or itineraries have changed. So many tickets are bought online it really is unacceptable.

Here here. The data is there. It’s available to manipulate and use to the advantage of the customer. Any reasonable retailer would be able to contact its customers (using the data they have stored…… what else do they need to store it for ? ) and warn them that there have been changes to their booked train(s). It can present them with options which could be almost entirely automated.
*Cancel trip and request refund
*Modify date
*Catch the service before / after
*Book a seat on a different service (for flexible ticket holders).

But why bother with this? There’s no more money in for them so why go to the effort? Infact there’s a risk that people will refund.

Picture the scene. Terry and Alex are going away for the weekend. They had to choose between the car and the train. They decided that despite the train being twice the cost they’d go for that. They buy the tickets and all is well. 3 days before, it all goes wrong and their train gets cancelled. Here’s where the scenario splits.
A) The retailer has a system in place that flags this and automatically sends an email out. Terry sees this and thinks, we will get there 2 hours later and there’s no seat reservations on the later service as it’s already full, sod this for a game of soldiers we will get a refund and go in the car. Should have done that all along.

B) The retailer has access to all the data but simply cannot be arsed to implement a system to provide a decent service to its customers. On the day Terry and Alex turn up at the station with their luggage having got a £20 taxi to the station to find their train doesn’t exist. They can’t feasibly go back home and get the car so they put up with it and travel. They’re not eligible for delay repay anymore so they’ve paid the full amount and not been provided with the service they expected. They stand in a vestibule for 4 hours. They’ll complain and be fobbed off, should have gone in the car.

The result of A means less revenue for the railway, specifically the retailer so there’s no incentive to put the effort in.

I drove to a forum meal the other day, it was orders of magnitude easier, in this case it likely wasn’t a deal cheaper* but it was 1/3 of the journey time.

*In real world terms it was, as I was driving I had 2 pints of lemonade whereas if I’d been on the train I would have had 4 or 5 (or 6 or 7) pints of beer.

Railways, thinking they are above contract law once more, and if anybody is serious about taking them all the way to court they will probably pay out at the last minute rather than face a judge as it might cost them more money.
They don’t THINK it. They KNOW it.
 

alistairlees

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Many of the things you are complaining about are being implemented and are becoming mandatory. Principally communicating with customers about changes to itineraries, so that they can either decide to travel or get a refund. Well, lots of other thinngs too. It's surprisingly hard to get these tings done, but some of us are actually very focused on making big improvements to the customer experience.
 

thedbdiboy

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Theoretically yes. However in practice (a) SWR won't care (because they still get the money), but (b) Avanti West Coast definitely will care (because they don't get any money on London to Watford fares).



Depends what sort of ticket it was. And if it was simply rescheduled you don't lose it all, rather just £10, as you can change the ticket to the new date for £10 plus fare difference.

But more to the point, this change means there's no incentive for the railway not to change timetables at the last minute just because they feel like, e.g. because it's expedient for engineering works, or because they know they'll be a bit short staffed tomorrow. I have a massive problem with this and its possible effects if it obviates the requirement for alternative transport or accommodation to be provided. I don't, as stated, overly care if it's just about Delay Repay.

I probably wouldn't have a big problem with it if, essentially in line with what airlines do, the timetable that applied was the one that applied at, say, 0001 seven days before the journey, or at the time of ticket purchase, whichever was later, provided that was made very clear on ticket purchase. I do recognise that the railway needs to be able to change things, and that seven days of notice is probably enough for a change of plans. In some ways this situation is worse if it was a morning service they lopped - you might go to bed at 2130 for an early start the next day and awake to find your holiday ruined because the railway has decided not to bother operating the first three trains with no recourse, meaning you either have to pay for an expensive black cab to the airport or not go. With seven days' notice you have ample time to research alternatives and book a discounted transfer taxi, or go the night before and stop in a Travelodge if cheaper. Clearly this could still happen in the event of serious disruption, but that they'd be allowed to do this by choice I have a big problem with.

On the other hand, if the railway is going to do this, it seems to open the market for a suitable insurance product, if not a standalone one then one that might fit well in a bank's packaged accounts.
It's not SWR or Avanti's money, it's the Government's, which is why these changes are happening.

Having read torrents of criticism of the evil, money-grabbing privatised TOCs over the years, it's notable that a number of people haven't grasped that the reason that things like split ticketing and delay repay were allowed to grow was because the Government was distanced from the financial implications because of the franchise system; and that one of the results of the effective nationalisation of railway finances is that there is now pressure to bear down on these issues from Government itself.
 

FenMan

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It's not SWR or Avanti's money, it's the Government's, which is why these changes are happening.

Having read torrents of criticism of the evil, money-grabbing privatised TOCs over the years, it's notable that a number of people haven't grasped that the reason that things like split ticketing and delay repay were allowed to grow was because the Government was distanced from the financial implications because of the franchise system; and that one of the results of the effective nationalisation of railway finances is that there is now pressure to bear down on these issues from Government itself.

However it works out, civil servants, by definition not railway pricing specialists, are in charge. Anything they do will result in many more anomalies until, as you have pointed to several times, the whole fares system is reformed. With many being careerists, I suspect they're sticking their fingers in where they think the dyke is, while hoping if a ****show results they'll have been promoted well away from it before it happens.

What a way to run a railway!
 

Wolfie

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Would that be compatible with contract law? I am no expert on contract law - just questioning whether this could be an issue
I seriously questions if it is compliant with the Consumer Rights Act 2015 states that a "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".
 

Watershed

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I seriously questions if it is compliant with the Consumer Rights Act 2015 states that a "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".
I would agree.

It is utterly typical of the DfT that they silently impose new conditions under the guise of "clarification", when in fact what they mean is "significantly diminishing passenger rights". Public consultation? Pah, who needs those!

The biggest concerns I have with the new conditions are that:
  1. The concept of a Timetable of the Day is introduced - which purports to allow TOCs to materially vary the terms of the contract with no recourse beyond a refund, almost no notice at all (what if you go to sleep before 10pm to catch an early morning train?!) and no requirement to actually notify the customer. I have severe doubts as to the enforceability of this term in the context of a consumer contract, but TOCs will now refer you to it until they're blue in the face.
  2. The wording of the protection against being stranded is unchanged, so it is left ambiguous whether the new Timetable of the Day concept is intended to apply to this. Of course, we can expect for TOCs to argue that it does!
  3. The defined concept of a Call is introduced, but again, like the Timetable of the Day, is only referenced selectively. There is still nothing which explicitly states that you cannot use a ticket (on its own) to catch a train at a "set down only" stop, or get off at a "pick up only" stop. This leads to more ambiguity, which will undoubtedly be "resolved" in the TOCs' favour.
The only good thing I can see about the new conditions is that they explicitly make clear that, when travelling on split tickets, delay compensation is paid against all tickets. And there is some clarification of previously ambiguous terms (e.g. that you can only be charged a Penalty Fare for travelling on the wrong train if you're on a train-specific ticket, i.e. an Advance, not on a time-restricted ticket).

But this is scant consolation for the massive losses suffered in other respects. And the very least the government owes the public is an accurate explanation of what it's doing and why.

And it's rather telling how, where previously the NRCoT provided a much higher level of minimum customer entitlements than the EU Passenger Rights Regulation, some of the new provisions may be ruled unenforceable because they purport to offer less than what those Regulations guarantee!
 

Mojo

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Am I reading this thread right? That a customer can book a ticket several months in advance, but if a Toc changes the timetable as late as 22.00 the day before, the only recompense the customer will have is to not travel and submit the ticket for a full refund?

My other half has been subject to two cancellations (notified about in advance) after booking an Advance out of the three trips he has booked, since December.

One of the trips was booked a few weeks ago but isn’t until 6th March, it’s a TPx + Hull Trains Advance, and Transpennine have cancelled the first train. The new connection arrives much later than we’d like, but he said it was tolerable because a 100% refund would be payable. Are we suggesting now he’s better off not travelling, although I’d say the old conditions would apply as it was booked 2 weeks ago.
 

Watershed

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Am I reading this thread right? That a customer can book a ticket several months in advance, but if a Toc changes the timetable as late as 22.00 the day before, the only recompense the customer will have is to not travel and submit the ticket for a full refund?
Yes, that is the position of the new NRCoT. Though as I say, I struggle to see how that is compatible with various elements of consumer and contract law.

Quite how the industry expects people to "travel with confidence", when it has so little confidence in its ability to run the timetable that it tries to reserve the right to change it until the night before, is beyond me...

As a bare minimum, I would expect 14 days' notice for a change to the timetable to be able to be done without compensation - as in the airline industry.
 
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ainsworth74

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With thanks to an informed source find attached a copy of the new NRCoT and a comparison table.
 

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  • NRCoT - 4th Edition.pdf
    2.9 MB · Views: 234
  • NRCoT Comparison Table - February 2022 Edition.pdf
    151.7 KB · Views: 317

ainsworth74

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Well, that is supposed to be embargoed until 6th February.
It might have been supposed to be but, to be frank, I think that it is extremely sharp practice by the industry (whether it be a TOC decision or a DfT decision) to try and conceal contractual changes which they know are coming until they day they are due to take effect.
 

Haywain

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At the fear of being appearing "needy", I think that if someone asks a question like this, then it is because they need help in finding the link - posting the actual link would be a more considerate response.
That depends how you read the question. It could have been "Has anyone seen or posted a link to the new NRCoT yet?" or "Has anyone seen or posted a link to the new NRCoT yet?". The answer given was to the latter of these.
 

Class800

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Well, that is supposed to be embargoed until 6th February.
We need to know - else they should put it back 6 months at least until everyone has had a chance to look - it's really sharp practice to make these changes without public consultation and try to conceal their efforts until the last minute so they can hurt customers more
 

Bletchleyite

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This is interesting:

At the station where you start your journey, there is no
means of purchasing a Ticket, either because there is no
Ticket office open or a self-service Ticket machine is not
in working order, or will not accept your only available
method of payment (card or cash); and where notices
indicate that Penalty Fares may apply from that
station, you purchase a Permit to Travel if there is a
working Permit to Travel issuing machine at the station
where you start your journey – see Condition 10 for more
information about Penalty Fares; or


I read that as, in PF areas, a removal of choice of payment methods, i.e. if you have a card you must use it, as you not wanting to use it does not render it unavailable.

On the upside this info box:

INFORMATION: This means that you should buy a
Ticket from the conductor on the train if there is one
available; at an interchange station provided there is
sufficient time before your connecting service; or, if
neither of these is possible, at your destination.


makes it clear that it is not necessary to miss a connection to get a ticket.

10.2.2: Promise to Pay is now a formal thing in the NRCoT.

Improvements to accessibility notice recommendation from 24 hours to:

We recommend that passengers requiring assistance
contact the relevant Train Company with 6 hours’
notice before travel until 31 March 2022, and with 2
hours’ notice before travel from 1 April 2022.
However, staff will provide assistance when
assistance has not been booked in advance, in
line with a Train Company’s ‘Accessible Travel
Policy’


22.3: e-scooters now permitted unless the TOC says they are not.

32.2: Delay Repay explicitly capped at the full price of the ticket, so you can't do 2 100% refund claims on one return.

That seems to be all that there is of significance other than the "published timetable of the day" thing relating to Delay Repay already discussed, which seems to be very clearly specified with regard to Delay Repay and not anything else e.g. split ticketing rights, and the already-discussed clarification that you can't split tickets at a pick up or set down only stop.
 
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Class800

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I suppose you can put your card in your underpants or trouser back pocket instead of your wallet if you really want to use cash, but it does concern me that they are trying to take away freedom of choice of payment method - as pointed out by @Bletchleyite

Can someone experienced offer comment on the provided documents especially with regard to the discussion earlier in thread which suggested there was a change regarding late timetable alterations. This isn't made clear in the comparison table
 

Starmill

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As a bare minimum, I would expect 14 days' notice for a change to the timetable to be able to be done without compensation - as in the airline industry.
I would agree with this. A direct contact by email, or sms if email isn't possible for whatever reason, and no changes later than 14 days really would be the bare minimum.
 

AlterEgo

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I would agree with this. A direct contact by email, or sms if email isn't possible for whatever reason, and no changes later than 14 days really would be the bare minimum.
Also agreed. The new condition is too “overpowered”.
 

island

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This is interesting:

At the station where you start your journey, there is no
means of purchasing a Ticket, either because there is no
Ticket office open or a self-service Ticket machine is not
in working order, or will not accept your only available
method of payment (card or cash); and where notices
indicate that Penalty Fares may apply from that
station, you purchase a Permit to Travel if there is a
working Permit to Travel issuing machine at the station
where you start your journey – see Condition 10 for more
information about Penalty Fares; or


I read that as, in PF areas, a removal of choice of payment methods, i.e. if you have a card you must use it, as you not wanting to use it does not render it unavailable.
Quite reasonable. Carrying a tenner and a wallet full of plastic and saying "but I wanted to pay cash and the machine was card only" is clear as day intent to pay only when challenged and that is fare evasion.
 

Bletchleyite

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Quite reasonable. Carrying a tenner and a wallet full of plastic and saying "but I wanted to pay cash and the machine was card only" is clear as day intent to pay only when challenged and that is fare evasion.

Though as has been pointed out (I don't usually defend them, but they exist), there are people who prefer to do all their spending in cash as they find that easier to manage and only use their debit card for cash withdrawals.
 

island

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Though as has been pointed out (I don't usually defend them, but they exist), there are people who prefer to do all their spending in cash as they find that easier to manage and only use their debit card for cash withdrawals.
That's as may be, but the railway doesn't have to accommodate every passenger's last preference or foible.
 

robbeech

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And there is some clarification of previously ambiguous terms (e.g. that you can only be charged a Penalty Fare for travelling on the wrong train if you're on a train-specific ticket, i.e. an Advance, not on a time-restricted ticket).
We all know this won’t make a difference and people will still be charged a penalty fare anyway.

The only good thing I can see about the new conditions is that they explicitly make clear that, when travelling on split tickets, delay compensation is paid against all tickets.
We all know this won’t make a difference and operators will (often successfully) try to get away with it, just as they do now.


Am I reading this thread right? That a customer can book a ticket several months in advance, but if a Toc changes the timetable as late as 22.00 the day before, the only recompense the customer will have is to not travel and submit the ticket for a full refund?
I don’t read it quite like that. They should still have the option to travel at a different time on the original ticket for no further cost, but without compensation for delays incurred. If this is the case I’d say it was poor but not horrific.

One of the trips was booked a few weeks ago but isn’t until 6th March, it’s a TPx + Hull Trains Advance, and Transpennine have cancelled the first train. The new connection arrives much later than we’d like, but he said it was tolerable because a 100% refund would be payable. Are we suggesting now he’s better off not travelling, although I’d say the old conditions would apply as it was booked 2 weeks ago.
The old conditions MUST apply here, but we all know they won’t unless pushed further than is healthy.


I read that as, in PF areas, a removal of choice of payment methods, i.e. if you have a card you must use it, as you not wanting to use it does not render it unavailable.
Interestingly and ironically I don’t read it that way. Maybe some clarification is needed :)

I don’t think this has really changed much. Define Available. If you have funds on a card that doesn’t automatically make them available to use, and they haven’t specified this.

That's as may be, but the railway doesn't have to accommodate every passenger's last preference or foible.
Then I suggest they do a better job of defining “available” then. As currently that wouldn’t wash at all.
 
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