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  1. Throttle

    Apologies if my post over stepped. But for clarification the thread was opened following a...

    Apologies if my post over stepped. But for clarification the thread was opened following a reference to the site from FaceBook as this site being possibly the last unused source of possible useful case knowledge over claims involving journeys with more than one TOC. The thread has been helpful...
  2. Throttle

    TOC - Delay Repay liability

    Firmly established in all UK and EC consumer law. It prevents the consumer being fobbed off to the manufacturer. Indeed for items over £100 the liability can be placed on a credit card company if so purchased. (Consumer Credit Act Act 1974 Section 75). Be interested to hear if anybody has filed...
  3. Throttle

    TOC - Delay Repay liability

    I disagree. The point of contract has clearly been established in all recent UK Law as "The Trader". That was legislated for clarity to the consumer. Delay Repay offering extra protection is no different in status to "A Guarantee" that some manufacturers offer. Such guarantees are additional...
  4. Throttle

    TOC - Delay Repay liability

    My quote was from nationalrail.co.uk Airline tickets across carriers on a single ticket (PNR) bought in the EU for flights originating in The EU liability is with the original ticket issuer. Airline cases rarely get to court because they get settled "quietly" - or the airline ignores the...
  5. Throttle

    TOC - Delay Repay liability

    Totally agree the liability is a mess - I think this matter will be in court and before parliament within a month. As I said to others I accept Delay Repay is often beyond legal obligations. So for future reading of the thread please read my point as Legally obliged train delay compensation...
  6. Throttle

    TOC - Delay Repay liability

    I understand your point and I wouldn't try and take a case to court where Delay Repay exceeds legal obligations. But in most ATOC ToC's the Delay Repay is not much more generous than GB (Not Northern Ireland) legal obligations which are less generous than EC for consequential delay. Parliament...
  7. Throttle

    TOC - Delay Repay liability

    Thanks what you report is pretty much our research. I agree with your precedent point. Indeed many companies in the travel sector are not even responding to the courts on similar potentially precedent setting claims. They are happy to suffer the judgment and pay up to avoid creating that...
  8. Throttle

    TOC - Delay Repay liability

    Why? And that is not substantiated by ATOC who say it is the liability of the company who created the greatest component of the delay. In any case I and others are asking this question here to see if any of the experienced members has any evidence to substantiate that the liability can legally...
  9. Throttle

    TOC - Delay Repay liability

    I have read up VERY extensively on the issue of which company is liable for delay claims. I have also tried to track down any cases that have reached court. Can anybody connected with these forums point me to any legally binding regulation or better still a binding court precedent that allows...

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