Which TOC should I contact for a refund?

[benk1342]

I bought an anytime single WLE-SMD for travel on Friday 20 Jan, but because Cross Country's 12:52 PBO-SMD was cancelled I had to take the bus to get to Stamford on time. (I did not use the ticket at all.)

I bought the ticket on East Coast's website because I happened to be buying some other tickets at the time. The cancelled service was operated by Cross Country. It is an East Midlands Trains route.

Whom do I contact for a refund? East Coast's website says no refund because the fare was less than their £10 admin charge, but as the service was cancelled I should be entitled to compensation without paying a charge, right? Do I need to call/write to East Coast or Cross Country? Or EMT?

Thanks!

 

[yorkie]

Write to East Coast, enclosing the ticket (but take a scan just in case it gets lost).

 

[MidnightFlyer]

WLE = Whittlesea
SMD = Stamford
PBO = Peterborough

I don't quite see how it is EMT's route, as they only operate 1tpd between Melton Mowbroy / Oakham / Stamford and Peterborough, all other services are run by XC.

 

[222007]

Technically they operate two services a day an early morning Nottingham to Norwich and a Spalding to Nottingham service late evening. Agreed though its eastcoast you need to contact as they sold the ticket

 

[benk1342]

WSE = Winchelsea
SMD = Stamford
PBO = Peterborough

Sorry, I meant WLE (Whittlesea). Post has since been edited.

 

[MidnightFlyer]

Sorry, I meant WLE (Whittlesea). Post has since been edited.

No problem, I thought you did, but this is why full station names are usually better to use

 

[benk1342]

Thanks all.

 

[MidnightFlyer]

East Coast is nothing more than a ticket agency in this case

Which is exactly why they are the people to contact!

 

[AlterEgo]

But he doesn't have a contract with Cross Country, he has one with East Coast.

No he doesn't.

"A ticket is evidence of a contract between you and the train companies whose services you have a right to use."

East Coast should refund the ticket in full because of the abandoned journey. As barrykas has pointed out recently, the NRCoC does stipulate they are not necessarily obliged to offer a refund if the request was not made on the day of travel.

In practice though, this is rarely enforced.

Send the tickets to East Coast explaining that you were unable to travel due to disruption. They should refund you without charging an admin fee. If they refuse (unlikely) due to a technicality, they will pass the tickets to CrossCountry who will compensate you according to their Charter in travel vouchers.

 

[hairyhandedfool]

Put simply:

• Refund claims go to the ticket issuing company.
  
• Compensation claims go to the TOC that delayed the journey.

If a refund claim goes to the TOC that runs the service (but is not the ticket issuer), that TOC will pass it on to the issuer.

 

[AlterEgo]

Put simply:

• Refund claims go to the ticket issuing company.
  
• Compensation claims go to the TOC that delayed the journey.

If a refund claim goes to the TOC that runs the service (but is not the ticket issuer), that TOC will pass it on to the issuer.

Thank you for putting it so simply! Much better than I could manage.

 

[Bungle73]

No he doesn't.

Who did he pay his money to? Exactly.

 

[ralphchadkirk]

Who did he pay his money to? Exactly.

Irrelevant really, as the NRCOC says this:

1. Your contract
A ticket that has been issued to you is evidence of a contract between you and each Train Company whose trains you have the right to use. Where the company selling you the ticket is not one of the Train Companies on whose services you are travelling, the seller
is acting as agent for the Train Company or Companies in whose trains you are entitled to travel.

You can only enter into a contract (agreement) with the Train Companies whose trains your ticket allows you to travel on. As East Coast operate no trains between Whittlesea and Stamford he cannot have entered into a contract with East Coast.

East Coast are just acting as an agent for XC.

 

[Bungle73]

Irrelevant really, as the NRCOC says this:

You can only enter into a contract (agreement) with the Train Companies whose trains your ticket allows you to travel on. As East Coast operate no trains between Whittlesea and Stamford he cannot have entered into a contract with East Coast.

Sorry, that's not the way I see it. What ever it says in the NRCoC it cannot override English law. Your contract is always with who ever you hand your money over to. If you purchase something from a shop and there is a problem it is their job to sort it out and not the manufacturer because your contract is with the shop

East Coast are just acting as an agent for XC.

Your right to get the tickets you ordered

When you buy tickets you are entering into a contract with the ticket seller, whether they are a private individual or an official ticket agent.

http://www.which.co.uk/consumer-rig...ickets-your-rights/your-ticket-buying-rights/

 

[benk1342]

Well, here's what actually happened: I popped into the Peterborough ticket office today (East Coast operated) and they issued a refund when I explained the train was cancelled. So the lesson may be that, if convenient, try the station where the disruption occurred even if not on the same day as travel.

 

[AlterEgo]

Sorry, that's not the way I see it. What ever it says in the NRCoC it cannot override English law. Your contract is always with who ever you hand your money over to. If you purchase something from a shop and there is a problem it is their job to sort it out and not the manufacturer because your contract is with the shop

I do not think that applies to the travel industry.

Are you saying that if you're delayed by two hours, have to stand after you paid a reservation fee for your seat, on East Coast, and you bought your ticket from Redfern Travel, Redfern must supply compensation?

Sorry - I refuse to believe what you've quoted is canon as it seems to specifically refer to tickets to events with no reference to the travel industry.

If I buy BA tickets from Flight Centre, and I get stranded in Addis Ababa, BA can do naff all about it, and leave Flight Centre to sort out accommodation and compensation?

I do not believe the NRCoC, which has existed for many years, would be violating consumer law. It would simply have been corrected if that had been the case.

I would be most interested to see if anybody else agrees?

 

[Solent&Wessex]

I do not think that applies to the travel industry.

Are you saying that if you're delayed by two hours, have to stand after you paid a reservation fee for your seat, on East Coast, and you bought your ticket from Redfern Travel, Redfern must supply compensation?

Sorry - I refuse to believe what you've quoted is canon as it seems to specifically refer to tickets to events with no reference to the travel industry.

If I buy BA tickets from Flight Centre, and I get stranded in Addis Ababa, BA can do naff all about it, and leave Flight Centre to sort out accommodation and compensation?

I do not believe the NRCoC, which has existed for many years, would be violating consumer law. It would simply have been corrected if that had been the case.

I would be most interested to see if anybody else agrees?

I agree with you.

 

[sheff1]

So do I, but am happy to be shown documented proof that we are all wrong.

 

[thedbdiboy]

The NRCoC actually gives you enhanced rights over consumer law in these cases. As is documented above, under consumer law the retailer is liable. The NRCoC makes clear that if your train is cancelled you are entitled to a full refund, and that such a refund application can be submitted to any of the operators who participate in the NRCoC (yes, they will pass it on to the right place but what they cannot or should not do is send you away).

Of course, sometimes they need to be reminded of this obligation (!) - and simply to ensure quicker processing I would always suggest going back to the retailer if you can.



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