Railcard purchased before NRCoT change - can I get a refund?

[trover]

Moderator note - split from:

Am i entitled to delay repay ?

Every weekday i get the 16.50 from Paddington to maidenhead connecting onwards to Marlow Today this train was cancelled ( cancelled well in advance due to the storm) so I left work early to get the 16.43 from Paddington arriving into Marlow 30 minutes later than I would of done if I'd got the...

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Good point If it was bought before 6th February, the old NRCoT applies so Delay Repay would be due.

Just out of curiosity, can one obtain refund for railcard purchased before 6 Feb for the reason of the change in NRCoT?

 

[Mcr Warrior]

Just out of curiosity, can one obtain refund for railcard purchased before 6 Feb for the reason of the change in NRCoT?

Don't believe so. Ordinarily, there's no refunds on railcards that are no longer wanted for whatever reason.

 

[Watershed]

Just out of curiosity, can one obtain refund for railcard purchased before 6 Feb for the reason of the change in NRCoT?

There isn't a right set out in the Railcard conditions, no. And although the changes to the NRCoT are demonstrably unfavourable, I'm not sure they represent a substantial enough variation that you could make the argument that the nature of the contract has been unilaterally altered.

 

[Haywain]

There isn't a right set out in the Railcard conditions, no. And although the changes to the NRCoT are demonstrably unfavourable, I'm not sure they represent a substantial enough variation that you could make the argument that the nature of the contract has been unilaterally altered.

I don't really see what impact the changes have on railcards and use of railcards. The discounts and restrictions are unchanged.

 

[py_megapixel]

I don't really see what impact the changes have on railcards and use of railcards. The discounts and restrictions are unchanged.

Well, the only way to use a railcard is to buy a train ticket with it, and anyone buying a train ticket with a railcard now is getting it under less favourable conditions than before this change. So it affects how much benefit the user is getting from the railcard.

 

[Watershed]

I don't consider that a breach of the terms and conditions of the railcard.

Well there's a surprise!

 

[Haywain]

Well there's a surprise!

As you disagree perhaps you'd like to explain how the T&Cs have been impacted. The changes to the NRCoT are around compensation and not aspect of use of the railcard.

 

[Watershed]

As you disagree perhaps you'd like to explain how the T&Cs have been impacted. The changes to the NRCoT are around compensation and not aspect of use of the railcard.

Because as @py_megapixel said, the Railcard's sole purpose is to discount tickets. But the terms on which those tickets are being offered have been significantly worsened and thus there may be some people who no longer want to do business with the railway.

The Railcard terms reference the NRCoT (including mentioning that the NRCoT take precedence in case of any conflict in drafting) and hence I think it would be difficult to argue that a change to the NRCoT doesn't represent a change to the Railcard contract.

And whilst the Railcard terms do say that they may be varied during the currency of a Railcard, I doubt that this is enforceable unless a refund were to be offered - I note that Part 1 of Schedule 2 of the Consumer Rights Act 2015 lists the following as terms that may be regarded as unfair:

A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or services to be provided.

I just find it curious how you often seem to think that whatever the railway does, it is right and/or reasonable.

 

[Haywain]

I just find it curious how you often seem to think that whatever the railway does, it is right and/or reasonable.

And I find it curious how you choose to make this assumption just because I disagree with your opinions. The fact is that the changes to NRCoT have not "significantly worsened" the benefits of holding a railcard or, in my opinion, those of buying rail tickets regardless of railcards. Anyway, as this thread is about delay repay, I will not continue this exchange.