ForTheLoveOf
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- 7 Oct 2017
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An excellent post which says more or less exactly what I was going to say.Whatever the Railway's view of the matter may be it is, of course, bound now by the requirements of Consumer Law. It is well held that in the event of terms which are confusing or contradictory that the interpretation most favourable to the consumer must prevail.
In the case in question the consumer is presented with a Railcard app which pops up a messing that they must acknowledge telling them not all systems are updated with 26-30 Railcards. Their Railcard then states on it "Valid with 16-25 or 26-30". At no stage is there a warning that exclusions may apply to these statements. When one consults the 26-30 Railcard website FAQ a question is asked under "Validity" stating "Which train companies give Railcard Discounts?" and that is answered:
A question just below asks "Can I use my Railcard on any Train Company?" and is answered:
Given that information an argument could be advanced that a consumer would be well within their rights to rely on the advice given by their Railcard app and the Railcard website. At no stage are they warned exceptions apply and indeed those two answers above are quite clear and explicit that it is valid on any train company except those listed. The Sleeper.scot website makes no warning whilst booking that the 26-30 is not accepted (I accept there is a page but there's no warning when you use the booking engine).
I do not believe, under Consumer Law, that a passenger who is charged twice or made to pay extra would find it hard to bring a claim against Caledonian Sleeper for breach of contract considering all the information that is available that suggests it is valid.
I do not know which way such a claim would go but I would be hesitant to rule out success in such a case for our erstwhile consumer.
Indeed so and if the Railway Industry provided clear and accurate information that argument would be overwhelming. However, they do not and as such I do not think that it is quite so clear cut.
Unfortunately too many parts of the rail industry still don't recognise the fact that there are now laws regulating their private contracts with passengers (which certainly used not to exist to the same extent as they do now).