Missed last connection at Leeds due to delay

[yorksrob]

Sorry, I didn't word that too well. What I meant to say that the Zones 1-6 / 1-7 are rail only, Zones 1-5 plus the additional one specified Metro products designed specifically for people commuting from Harrogate & Skipton into or out of West Yorkshire. They are not the same as the Zones 1-5 (and below) which are train & bus, valid for all specified rail zones, & fully transferable passes. The T&Cs for these changed quite a bit once they become MCards, issued on smartcards, so I honestly cannot remember what they were previously. But I would be very surprised indeed if a holder could request a taxi from a TOC in the circumstances as discussed here. I would have thought the following would give the TOCs the room to refuse on the grounds that it is a multi-modal ticket.



https://m-card.co.uk/terms-of-use/mcard-general-terms-and-conditions/

I for one would not be banking on that if I found myself in similar circumstances to the OP, I would always have a back up plan (usually enough cash on me to get a taxi if all else fails). That's not to say that a supervisor of a TOC may not order a taxi, and in the case of the OP it was more appropriate as they held a rail only pass which also had the advantage of being for the route where the delay was incurred. But as a rule of thumb I wouldn't expect it to be an automatic right, more to the discretion of the TOC. I did try to find the T&Cs for the Zones 1-6 pass, but WY Metro seem to have server issues this morning so many pages aren't loading.

If my train is delayed and it causes me to miss my connection, I expect the train company to get me to my destination or find accommodation, regardless of what type of ticket I have. All this tripe about making sure I carry thirty pounds in case Northern Rail can't be bothered to fulfill their obligation is obfuscation.

 

[Bantamzen]

If my train is delayed and it causes me to miss my connection, I expect the train company to get me to my destination or find accommodation, regardless of what type of ticket I have. All this tripe about making sure I carry thirty pounds in case Northern Rail can't be bothered to fulfill their obligation is obfuscation.

I would love to see the MCard simply be covered by all the same T&Cs as other season tickets, but Metro's influence on such matters seems to be waning rather than growing so I won't be holding my breath for this any time soon. But Northern have been shown that they will, under certain circumstances try to get passengers home where a simple delay to a late night train strands a passenger, as shown by the OPs posting, albeit they were using a rail-only product. That they are contractually obliged to, especially if a passenger carries a Zones 1-5 card is still unclear, is still very much open to debate. MCards, and again especially 1-5s, are a Metro product that they just happen to accept.

As the quoted section from the MCard T&Cs state, MCard, Metro and the TOCs are not "liable for any loss, expense, claim damage, injury or inconvenience that passengers may sustain arising directly or indirectly from failure to operate a particular service.". So it could be argued that this inconvenience clause also covers scenarios like missed last connections & acts as an exception to anything covered in the NRCoT. I don't know about you, but personally I will continue to plan for extreme contingencies & argue the toss later.

 

[ForTheLoveOf]

I would love to see the MCard simply be covered by all the same T&Cs as other season tickets, but Metro's influence on such matters seems to be waning rather than growing so I won't be holding my breath for this any time soon. But Northern have been shown that they will, under certain circumstances try to get passengers home where a simple delay to a late night train strands a passenger, as shown by the OPs posting, albeit they were using a rail-only product. That they are contractually obliged to, especially if a passenger carries a Zones 1-5 card is still unclear, is still very much open to debate. MCards, and again especially 1-5s, are a Metro product that they just happen to accept.

As the quoted section from the MCard T&Cs state, MCard, Metro and the TOCs are not "liable for any loss, expense, claim damage, injury or inconvenience that passengers may sustain arising directly or indirectly from failure to operate a particular service.". So it could be argued that this inconvenience clause also covers scenarios like missed last connections & acts as an exception to anything covered in the NRCoT. I don't know about you, but personally I will continue to plan for extreme contingencies & argue the toss later.

An exclusion such as that might be deemed unenforceable as it would be attempting to exclude the automatic and non-removable implied term that the service will be performed with reasonable care and skill.

Said possible unenforceability is, of course, of little comfort if the TOC decides not to uphold their end of the bargain and leaves you stranded overnight.

 

[Bantamzen]

An exclusion such as that might be deemed unenforceable as it would be attempting to exclude the automatic and non-removable implied term that the service will be performed with reasonable care and skill.

Said possible unenforceability is, of course, of little comfort if the TOC decides not to uphold their end of the bargain and leaves you stranded overnight.

You may be right, but as I have said personally I would not leave it to chance & make sure I had the means to either travel onwards or accommodate myself in the case of an unresolved dispute on the day.

 

[yorksrob]

I would love to see the MCard simply be covered by all the same T&Cs as other season tickets, but Metro's influence on such matters seems to be waning rather than growing so I won't be holding my breath for this any time soon. But Northern have been shown that they will, under certain circumstances try to get passengers home where a simple delay to a late night train strands a passenger, as shown by the OPs posting, albeit they were using a rail-only product. That they are contractually obliged to, especially if a passenger carries a Zones 1-5 card is still unclear, is still very much open to debate. MCards, and again especially 1-5s, are a Metro product that they just happen to accept.

As the quoted section from the MCard T&Cs state, MCard, Metro and the TOCs are not "liable for any loss, expense, claim damage, injury or inconvenience that passengers may sustain arising directly or indirectly from failure to operate a particular service.". So it could be argued that this inconvenience clause also covers scenarios like missed last connections & acts as an exception to anything covered in the NRCoT. I don't know about you, but personally I will continue to plan for extreme contingencies & argue the toss later.

It sounds like Transport for the North dropped a bollock in not getting Metrocard included in the normal T&C's, just as they did in not getting anyone to pay for the West Yorkshire timetable.

 

[Bantamzen]

It sounds like Transport for the North dropped a bollock in not getting Metrocard included in the normal T&C's, just as they did in not getting anyone to pay for the West Yorkshire timetable.

Either them or WY Metro, either way its a gaping hole where one really should not exist.

 

[johntea]

£4.56 refund on the way (no idea how they've worked that out!)