Cancellation, can I claim?

[dyst]

The GWR train I was due to travel on last weekend was cancelled - can I claim for this, as it forced me to use the train before the cancelled service?

 

[_toommm_]

The GWR train I was due to travel on last weekend was cancelled - can I claim for this, as it forced me to use the train before the cancelled service?

I can't really see a claim being successful - even though you were inconvenienced, you weren't delayed, rendering compensation not payable.

You could email GWR and they may give you some good will, but it all depends on the reason why the original train was cancelled too

 

[MikeWh]

I can't really see a claim being successful - even though you were inconvenienced, you weren't delayed, rendering compensation not payable.

You could email GWR and they may give you some good will, but it all depends on the reason why the original train was cancelled too

Agreed as things currently stand. However, I see no reason why losing an hour at the end of your journey shouldn't be treated (and compensated) in the same way as losing an hour at the beginning of your journey.

 

[dyst]

Thanks both.

 

[ForTheLoveOf]

Given that there is no explicit contractual right to delay compensation in this case, as it would likely have been if you had departed on the next train instead, I think it is likely to be a case of looking for a gesture of goodwill.

Alternatively, you could make an argument that, if the cancellation was something that was within GWR's control (e.g. a train breakdown), it constituted a lack of reasonable care and skill, entitling you to an "appropriate" amount of refund (whether that be partial or full), under Sections 49, 54 and 56 of the Consumer Rights Act 2015, as you lost time in order to ensure an arrival in line with the contractually agreed time.

Given the usual scheme of delay compensation that the TOCs operate, I would be surprised if an "appropriate" amount of compensation were taken to be anything other than the same amount as you would have received in delay compensation, had it been the reverse situation.

If you are unable to sort the matter with GWR informally, you can take the matter to the Rail Ombudsman for independent (though not 100% perfect) arbitration, which is binding on GWR but not on you.

 

[najaB]

Agreed as things currently stand. However, I see no reason why losing an hour at the end of your journey shouldn't be treated (and compensated) in the same way as losing an hour at the beginning of your journey.

I agree, but the barrier to this would be distinguishing between people who genuinely travelled early because they found out about a delay, and those who travelled at the time they intended/wanted to and then claimed because they found out that a later train was cancelled.

 

[ForTheLoveOf]

I agree, but the barrier to this would be distinguishing between people who genuinely travelled early because they found out about a delay, and those who travelled at the time they intended/wanted to and then claimed because they found out that a later train was cancelled.

No different to the current system, where people with flexible tickets can claim for a delay that they only later look up as having happened (i.e. having either not been delayed, or not even having travelled at all).

 

[najaB]

No different to the current system, where people with flexible tickets can claim for a delay that they only later look up as having happened (i.e. having either not been delayed, or not even having travelled at all).

True, there's always going to be an element of playing the system, but seeing as disruption tends to get worse as the day goes on it seems that there's more opportunity to claim for a later train than an earlier one.

 

[westv]

No different to the current system, where people with flexible tickets can claim for a delay that they only later look up as having happened (i.e. having either not been delayed, or not even having travelled at all).

Aren't unused flexible tickets refundable anyway?

 

[_toommm_]

Aren't unused flexible tickets refundable anyway?

Minus the £10 fee (which, interestingly, TheTrainLine doesn't charge, instead taking a % of the ticket now). Passengers can be quids in by claiming for a delay in this way so they get all their money back.