Can Delay Repay compensation be combined with compensation from a Seat Guarantee scheme?

[SteveM70]

I was delayed approx 90 minutes on a XC train that was cancelled halfway through its journey, and on the second train I had to stand the whole way (I’d had a reserved seat on the original train)

I was advised by the conductor to do both a delay repay claim and a separate one by email for having to stand when I had a seat reservation.

The delay repay was paid in full (100% of ticket value) but the second claim rejected on the grounds that “it isn’t possible to pay more in delay repay than the cost of the ticket”. The outcome above suggests this isn’t the case, or is it TOC specific?

(I’d not normally make a fuss about stuff like this but I’m currently recuperating from a back operation and it’s bloomin’ uncomfortable)

 

[yorkie]

LNER make the position clear:
https://www.lner.co.uk/customer-service/seat-guarantee/

We can only pay compensation under one scheme per journey.

For example, if you were unlucky enough to be delayed by over 30 minutes and the seat you reserved wasn’t available, you would have to pick either Delay Repay or Seat Guarantee.

You can choose the scheme that offers you the most compensation though.

I can't see XC's policy on this but it would make sense if it was the same.

 

[najaB]

I was delayed approx 90 minutes on a XC train that was cancelled halfway through its journey, and on the second train I had to stand the whole way (I’d had a reserved seat on the original train)

It seems to me that the seat guarantee payment is compensation for when you're unable to get a seat on the train for which you had a booked seat. Unless I've misunderstood, you travelled on a different train - so it probably isn't a valid claim anyway.

 

[yorkie]

It seems to me that the seat guarantee payment is compensation for when you're unable to get a seat on the train for which you had a booked seat. Unless I've misunderstood, you travelled on a different train - so it probably isn't a valid claim anyway.

Taking a pragmatic view, with the only sensible interpretation that would be compliant with the spirit of the rules and consumer law, I would expect the scheme to apply where a train is cancelled and catching the next available train does not qualify for 100% Delay Repay, and yet it is not possible to find a seat on that train. This is of course subject to other qualifying conditions of the scheme being met.

 

[najaB]

Taking a pragmatic view, with the only sensible interpretation that would be compliant with the spirit of the rules and consumer law, I would expect the scheme to apply where a train is cancelled and catching the next available train does not qualify for 100% Delay Repay, and yet it is not possible to find a seat on that train.

Yes, I'd agree if the OP was only claiming for a seat guarantee - since they can't take a seat on a train that doesn't run. But trying to claim delay repay plus a seat guarantee doesn't work.

 

[gray1404]

There are a number of ways this could be viewed. If we view delays and having a reservation yet having to stand as two separate matters. So you could end up with a situation whereby a customer is delayed and has to stand. Likewise, if a customer has a reservation and their seat is not reserved, or if their train is cancelled and they have no choice but to take another train and end up having to stand, it is arguable that they should be entitled to compensation for the having to stand element because if the reservations been honored and their booked train ran, they wouldn't have had to have stood on either that or an alternative service. So you could easily end up in a situation whereby a customer is both delayed and had to stand despite having an original reservation.

It would of course be great if one could claim for delays AND having to stand if a reservation isn't honored. Even better if this is extended to compensation having to stand if your original train with a reservation is cancelled and you have to stand on the next service. But, for now, it appears the customer is restricted to choosing one or the other and (more often then not) delay repay will pay more so this is the best route to claim through.

 

[35B]

I travel on LNER. They are absolutely clear that the schemes are an either/or, and that if both are relevant, you can claim on the most favourable terms. Generally, that would be for Delay. As payment is effectively capped at 100% of the fare paid, that seems reasonable to me.

I might, if heavily delayed from my booked train and then unable to obtain a seat, consider writing a letter of complaint separately to my claim, seeking additional recompense. But that would be a matter of appealing to the operator’s goodwill, not of right.

 

[gray1404]

It is a shame that both schemed cannot be combined (given a delay and having to stand despite a reservation) but with a total combined cap of 100% of the ticket value.

 

[talltim]

It seems to me that the seat guarantee payment is compensation for when you're unable to get a seat on the train for which you had a booked seat. Unless I've misunderstood, you travelled on a different train - so it probably isn't a valid claim anyway.

Surely he was unable to get a seat on the train for which he had a booked seat? Along with everyone else...

 

[najaB]

Surely he was unable to get a seat on the train for which he had a booked seat? Along with everyone else...

What I mean is that you are able to get on the train but someone is sitting in your seat. In this case nobody was sitting in any seat.