Advice on claim for hotel with Avanti

[syorksdeano]

So last Thursday me, my 1 year old child and a friend travelled to Glasgow for a court hearing the following day.

Going up the train was delayed due to a fatality at Milton Keynes, however coming back from as the worst.

After court had finished we arrived at Glasgow Central to find out no trains were running South, with no replacement transport. Asked about hotels to be told they won't supply one.

Luckly, I had enough money on me and managed to book a hotel in the centre for £109, which for a Friday night wasn't bad at all.

I've had a brief conversation with Avanti who state that they won't pay for the hotel just the delay (which is well over the 120 mins by quite a few hours).

Am I right in thinking Avanti if I send the receipt to their customer relations should be paying for the hotel? After all no trains running and no replacement transport.

 

[Mcr Warrior]

Presumably everything binned off by Avanti at Glasgow Central last Friday afternoon in the midst of Storm 'Babet' due to flooding/vegetation on the line/train crew out of position or some such. What time did you get to the station?

 

[syorksdeano]

Presumably everything binned off by Avanti at Glasgow Central last Friday afternoon in the midst of Storm 'Babet' due to flooding/vegetation on the line/train crew out of position or some such. What time did you get to the station?

Soon as I came out of court so will have been around 4

 

[Mcr Warrior]

Even if you'd managed to get onboard the 16:10 Scotrail service to Carlisle via Kilmarnock/Dumfries, you probably wouldn't have got much further South than that.

Last Friday certainly wasn't the best weatherwise, but it does seem that you've been left stranded in Glasgow by Avanti, and they could reasonably straightforwardly have done something to assist you, your child and your friend.

Doesn't page 26 of Avanti's 'Passenger Charter' document essentially state that if things go wrong, and another method of travel, such as bus or taxi isn't possible, then they will provide you with somewhere to stay for the night, so you can continue your journey the next day?

https://www.avantiwestcoast.co.uk/-/media/files/passenger-charter-30-march-2022.pdf

Overall, seems like a poor show by Avanti staff (BTW who did you speak to exactly?) to claim that this doesn't apply.

 

[Watershed]

Their Charter, the NRCoT and the PRO all require them to provide you with overnight accommodation if it's reasonably practicable. You were able to procure accommodation: res ipsa loquitor and hence they are liable for your reasonable expenses in doing so.

In my experience, they will deny and obfuscate all the way until it comes to receiving a Court claim form, when they will suddenly back down and pay what you are claiming. And even if it did have to go to Court, they simply have no plausible defence.

 

[glasgowniteowl]

Who denied the request for hotel and can you evidence that?

Also on twitter there seems to have been a few requests for hotel Refunds, they don't seem to have been refused but have been asked to send in details

 

[SuspectUsual]

Also on twitter there seems to have been a few requests for hotel Refunds, they don't seem to have been refused but have been asked to send in details

Because Avanti are media savvy enough not to reject in a public forum. Far better to keep that for an email

 

[Watershed]

Who denied the request for hotel and can you evidence that?

Whilst you're right that having evidence of a hotel request being denied certainly won't harm your case, equally it's not a prerequisite without which a claim could be denied.

Avanti would be very foolish to try and start claiming that staff did or didn't say something, when they will have very little evidence either way. By contrast, witness testimony (from the passenger in this case) is generally taken as accurate unless there's evidence to justify impugning it.

 

[syorksdeano]

Who denied the request for hotel and can you evidence that?

Also on twitter there seems to have been a few requests for hotel Refunds, they don't seem to have been refused but have been asked to send in details

I've found a few where they have refused hotel accommodation

 

[island]

Did you place your request by email/post? Queries on X are often handled by generic public relations staff who won’t commit to (or know) most things.

 

[Haywain]

I've found a few where they have refused hotel accommodation

Which part of your attachment shows that?

 

[Watershed]

Did you place your request by email/post? Queries on X are often handled by generic public relations staff who won’t commit to (or know) most things.

Social media enquiries from all channels are handled by a specific Control desk at most TOCs I'm aware of. Obviously that's still no guarantee of a competent or helpful answer.

 

[RAPC]

From experience with Avanti, they will often push back on circumstances where they can claim it was out of their control. E.g. severe weather

Where it is down to staff shortages or train failures, they are happier to organise or pay up.

As others have said, put in the claim but don’t be surprised if you have to follow up and push them for resolution.

 

[Watershed]

From experience with Avanti, they will often push back on circumstances where they can claim it was out of their control. E.g. severe weather

Although of course (for the avoidance of doubt for anyone else who's reading this) the reasons for disruption are irrelevant as far as train operators' obligations are concerned - whether in terms of accommodation, food/drinks or (in 99% of circumstances) delay compensation. "Force majeure" isn't a get-out-of-jail-free card.