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Unexpected positive response from Chiltern Railway delay repay!

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Metal_gee_man

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Having a heavily delayed journey from the West Mids to Kent via Chiltern a few weeks back due to a fatality on the line ahead, I ended up going to the Chiltern website thinking like most TOCs their delay repay scheme is simple and uniform, I was shocked to find it wasn't and seemed to mirror the TFL t&cs that if it wasn't in the TOCs control then no repay.

Anyway I sent in my request along with my very detailed journey and timings (once bitten twice shy) and 3 weeks on I have a refund on its way to my bank account. I was shocked and confused having read what their website has to say on the topic but... Hey!

Have they softened their delay repay or have they paid out based on the national terms of carriage?

Thank you for your recent correspondence concerning the inconvenience you encountered on the 12th March as a consequence of person being hit by train.

I can appreciate how frustrating this delay would have been to you and apologise for this. When difficulties affect our services we make every effort to rectify the problem as quickly as possible with the aim of returning our services to normal.

We strive to deliver a consistent and professional service to all our customers and on this occasion the level of service you received was unacceptable.

I have arranged for our Finance Team to send you a Bank Transfer to the below account, this will be processed in the next 5 - 10 working days:
Sort Code xxxxxx
Account Number xxxxxxxxx
Amount: £xx.xx

For further details regarding your legal rights, please refer to the Chiltern Railways Passenger Charter which is available on request or at www.chilternrailways.co.uk/customer-service/passengers-charter

I again apologise for the inconvenience that this delay may have caused but can assure you we are constantly working to improve our service levels.

Thank you again for taking the time to contact us, to explain the issues and we hope that you find everything to your satisfaction the next time you travel with Chiltern Railways.

Yours sincerely,

Suzanne Sharp

Customer Services
Banbury ICC
Merton Street
Banbury
Oxon
OX16 4RN

Phone: 03456 005165
Fax: 01926 729914

www.chilternrailways.co.uk

Chiltern Railways and the Office and of Rail and Road (the industry regulator) are currently conducting joint research into passenger satisfaction with complaint handling. This involves a short online survey about how your complaint was handled which would be sent to you by the independent research agency Critical Research. Please follow the link below if you do not wish be contacted for this research.
www.criticalsurveys.co.uk/?7193u

You may find it quicker and easier to contact us via our website in the future using the following link here as you have the ability to add all your journey information and upload a copy of your ticket.

http://twitter.com/ChilternRailway

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8LbaYqyvuxo9naau0eaYbMwrj0Qonu1kE-yQRfwresIZUvBFU76IJ5AqUMxACHUo9Uk8nR1i45h83-u7A0-DkoHeuxgZiy_eCvR9fGcuCUwovHmjp9njosQSpXDQjFXvTumkqIruxaX1jRuEa5MIDv2JOW0GqvGVzyvyK41N0Of5tV8Oj1Wo703mwC_lWxSDkvIsgKupUtdDkiDa_jLmShNFA8E9ZepNTmyBh7_JoZYFzn4y=s0-d-e1-ft



13 Mar, 21:02 GMT

My advance itinery was: 13:43 CRA to BMO, 14:15 BMO to MYB 17:10 VIC to AYH arriving at 18:54.
Booking ref no: 6H9BNFK4
Due to the incident between Warwick and Leamington Spa the 14:15 from BMO made it to HTN where we were kicked off the train whilst it carried out a shunt at a set of points, and turned round to take the passengers back to BMO.
We were told to use BHM to EUS services.
I caught the 16:10 BHM to EUS arriving at 17:38 transfer across London then caught the 18:40 VIC to AYH arriving at 20:32 so 98 minutes late.

Screenshot_20200401_232359.jpg
 
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yorkie

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100% compensation for a delay of that length is correct

Please do bear in mind that images cannot be seen by everyone, so a text alternative would be useful to ensure the forum remains accessible to all please :)
 

Metal_gee_man

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100% compensation for a delay of that length is correct

Please do bear in mind that images cannot be seen by everyone, so a text alternative would be useful to ensure the forum remains accessible to all please :)
I'll fix the quote in a moment, however their T&Cs claim if the delay is out of the control of the TOC then there is no repay

Will I always receive compensation?
No. We are not able to consider any compensation claims which arise due to circumstances outside of our control. Examples of events outside of the railway’s control include vandalism, the striking of a bridge by a vehicle, line closures at the request of the police or emergency services, and suicides or accidents involving trespassers. This is a summary only of excludable reasons. Further guidance is contained in the National Conditions of Travel and in our Passenger’s Charter.
 

yorkie

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Edit: I understand it's being corrected shortly!
 
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Metal_gee_man

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It is for Chiltern - they operate under Passenger Charter rules, not Delay Repay ones, because they are one of the original franchises. Other than Merseyrail being a law unto themselves, I think they're the last one in this position?
This was my point/question do their staff know what the rules are, have they been challenged on the use of the passenger charter only and softened their stance, or have people started taking them to task via consumer laws making them change their stance. Equally if Covid-19 wasnt happening and now with so many easements and refunds happening counter their rules would I have got anything in "Normal" circumstances?
 

island

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I think the point yorkie is obliquely getting at is that the National Rail Conditions of Travel allow for compensation levels regardless of the cause of the delay, albeit not always at the same percentages/delay times as may be in passenger charters. Chiltern being the only TOC still to use a passenger charter system rather than delayrepay.
 

sheff1

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It is for Chiltern - they operate under Passenger Charter rules,

No, it is not correct. Chiltern are bound by the NRCoT. Condition 33.4 is clear that if the delay is 60 mins or longer the passenger is entitled to compensation, regardless of fault.
 

Kite159

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I think the point yorkie is obliquely getting at is that the National Rail Conditions of Travel allow for compensation levels regardless of the cause of the delay, albeit not always at the same percentages/delay times as may be in passenger charters. Chiltern being the only TOC still to use a passenger charter system rather than delayrepay.

Merseyrail still use a passenger charter system instead of Delay Repay I believe, unless it's changed in the last few months.

Good news with getting money from Chiltern
 

island

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Yes. I had “franchise” in my head and wrote something else.
 
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