Consumer law and complimentary items

[yorkie]

(Previous thread:
https://www.railforums.co.uk/thread...complimentary-catering-is-unavailable.136244/ )

Relevant extracts

http://www.legislation.gov.uk/ukpga/2015/15/section/50/enacted

50 (1) Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—

(a)it is taken into account by the consumer when deciding to enter into the contract, or

http://www.legislation.gov.uk/ukpga/2015/15/section/56/enacted

Right to price reduction

(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

(2)The amount of the reduction may, where appropriate, be the full amount of the price...

If a consumer has taken any complimentary items such as WiFi or food offering into account when deciding to enter into the contract (for example a 1st class ticket might cost £x more than a Standard class ticket and you are considering whether the extra cost is worthwhile), and that is not available, then a partial refund clearly is due. But it's not clear how the amount should be calculated.

I would therefore suggest that if anyone is affected by this, that they purchase an equivalent replacement item from the buffet (if available) and take a photo of their ticket alongside the receipt and submit this to the relevant company for a refund of the additional expense incurred.

If you do not incur any additional expense, then the amount of any refund is difficult to calculate/determine, so I would suggest incurring that cost (ideally from the same company whose service you are using) as then it should be very straightforward to demonstrate that the cost has been incurred.

It has been brought to my attention by a member of LNER catering staff that their boss things customers are not entitled to anything, hence the creation of this thread to remind people that this does actually apply as I am not happy that some people are giving out incorrect information on this subject. There are some people who are keen to avoid providing consumers the rights to which they are entitled to and that needs to be counteracted.

 

[_toommm_]

The law has to be applied very carefully though - I hear customers in my job (not rail related) throwing it about like it's going out of fashion; as if that somehow gives them an edge over the staff and the company.

One idea may be to suggest how it be brought up in discourse, so as to not make it too brazen and brash, but not the opposite

 

[cactustwirly]

But surely the fact that they are advertised as "complimentaries' and "subject to availability", negates the need for compensation to be paid out?
The customer knows that there is a small chance that the items could be unavailable, before they enter the contract.

 

[yorkie]

But surely the fact that they are advertised as "complimentaries' and "subject to availability", negates the need for compensation to be paid out?
The customer knows that there is a small chance that the items could be unavailable, before they enter the contract.

You've clearly not read my post and the legislation if you think that. I suggest you read it again.

In order to avoid any potential argument over the amount of 'compensation' to be paid out, I am suggesting that the equivalent item (e.g. a sandwich, WiFi access or whatever) is purchased from the company (where available; it is bad form for the company to be charging for something which they have suggested is complimentary, but this is exactly what some train companies such as LNER do) and then the receipt of the replacement item can be submitted for a refund.

Example: no complimentary sandwiches available on LNER in 1st class, but sandwiches are being sold on the train, they should provide these at no extra cost. The company chooses not to. So you can claim a refund if you are charged.

 

[tiptoptaff]

You've clearly not read my post and the legislation if you think that. I suggest you read it again.

In order to avoid any potential argument over the amount of 'compensation' to be paid out, I am suggesting that the equivalent item (e.g. a sandwich, WiFi access or whatever) is purchased from the company (where available; it is bad form for the company to be charging for something which they have suggested is complimentary, but this is exactly what some train companies such as LNER do) and then the receipt of the replacement item can be submitted for a refund.

Example: no complimentary sandwiches available on LNER in 1st class, but sandwiches are being sold on the train, they should provide these at no extra cost. The company chooses not to. So you can claim a refund if you are charged.

GWR will often hand out "paid for" items to First Class passengers when the stocks of the complimentary items have run out. LNER should be doing the same.

 

[bussnapperwm]

I've just left for work but documents I got from LNER state customer is entitled to gesture of goodwill for lack of first class provisions.

I'll upload it when I get home this evening.