EMR refund request due to rail strike

[zsabtk]

I'm reaching out for assistance regarding a refund request for my EMR train ticket. Despite my decision not to travel being influenced by short notice cancellations and alterations, EMR has declined my refund request citing their policy. I'm seeking guidance on how to proceed and whether there are any avenues for obtaining a refund or waiving the change fee. I purchased a single advance fare and I understand it comes with restrictions on refunds and changes. However, the recent rail strike was beyond my control and significantly impacted my travel plans, leading to concerns about the reliability and stability of the scheduled services during that period. As a result, I chose not to travel. Any advice or assistance would be greatly appreciated.

 

[Bletchleyite]

Was your actual train (in either direction if a return journey, provided you knew before abandonment) actually delayed at your origin or cancelled? If so you are entitled to a refund for abandonment. If not, unfortunately, you are not.

 

[zsabtk]

It was delayed on the way home but otherwise run as expected.

However this is something that cannot be forecasted hence I made the decision. Thank you!

 

[yorkie]

What was the full intended itinerary? Were any of the trains impacted?

However this is something that cannot be forecasted hence I made the decision. Thank you!

If the trains ran and you decided not to travel for whatever reason then I don't think you can force EMR to refund you.

 

[island]

It was delayed on the way home but otherwise run as expected.

However this is something that cannot be forecasted hence I made the decision. Thank you!

If the train you got departed and ran as booked, then no refund entitlement arises.

There is an entitlement (under NRCoT 30.1) to abandon your journey and claim a refund if a train is delayed departing. Opinions vary on whether this can be invoked for a trivial or very short delay of a couple of minutes, but you said it was "delayed on the way" which sounds like it started off on time. If you can specify which train you were supposed to have got, we can advise further.

 

[Skymonster]

Please stop talking in riddles and explain the situation fully - that’s the only way you‘ll get proper advice.

I THINK what you’re saying is that you booked an Advance ticket, it WASN’T for a train that was cancelled because of a strike, but you were concerned about whether the train would run or not (because, maybe, EMR was on strike the previous or following day) and so you decided not to travel. In the event, the train you were booked on did actually run, but ran late. Is this correct?

IF - if - the above is correct, then EMR should refund you on the basis that you are entitled to abandon your journey and not travel, if a train you are booked on departs late or is cancelled. Fortunately the “departs late“ bit doesn’t specify how late the train needs to be in order for you to be entitled to abandon and claim a refund. However, its clearly easier to justify why you didn’t travel if the train runs fairly late rather than just a minute or two late. So if the assumptions above are correct, you should go back to EMR and remind them of their obligation to refund you. If the circumstances are different though…

Do consider for the future that you can’t expect a refund just because you THINK a train you are booked on might run late or not run at all - it actually HAS to run late (or be cancelled). So in this case you may have got EMR on a technicality and its more by luck than judgement that you should be entitled to a refund.

 

[zsabtk]

When I decided not to travel I wasn't sure whether they are going to run or not. Since its not predictable due to their constant strike action- sorry, I forgot to add this.

== Doublepost prevention - post automatically merged: 13 May 2024 ==

Please stop talking in riddles and explain the situation fully - that’s the only way you‘ll get proper advice.

I THINK what you’re saying is that you booked an Advance ticket, it WASN’T for a train that was cancelled because of a strike, but you were concerned about whether the train would run or not (because, maybe, EMR was on strike the previous or following day) and so you decided not to travel. In the event, the train you were booked on did actually run, but ran late. Is this correct?

IF - if - the above is correct, then EMR should refund you on the basis that you are entitled to abandon your journey and not travel, if a train you are booked on departs late or is cancelled. Fortunately the “departs late“ bit doesn’t specify how late the train needs to be in order for you to be entitled to abandon and claim a refund. However, its clearly easier to justify why you didn’t travel if the train runs fairly late rather than just a minute or two late. So if the assumptions above are correct, you should go back to EMR and remind them of their obligation to refund you. If the circumstances are different though…

Do consider for the future that you can’t expect a refund just because you THINK a train you are booked on might run late or not run at all - it actually HAS to run late (or be cancelled). So in this case you may have got EMR on a technicality and its more by luck than judgement that you should be entitled to a refund.

Thank you and yes, your assumptions are correct. ["...booked an Advance ticket, it WASN’T for a train that was cancelled because of a strike, but you were concerned about whether the train would run or not (because, maybe, EMR was on strike the previous or following day) and so you decided not to travel. In the event, the train you were booked on did actually run, but ran late. Is this correct?]

 

[John R]

I don't think you have any case then. You booked a non-refundable ticket, and chose not to use it (for whatever reason) although the service you were booked on ran.

I think you said that it was your return train later that day (another Advance Single?) which ran late, which begs the question whether disruption later in the day would have caused you to cancel your whole trip. But unless that was known in advance (eg your return train was cancelled or significantly retimed) then I don't think it could be said to directly influence your decision to travel.

 

[Skymonster]

So if you decided not to travel because you thought your train might run late or be cancelled (because of a previous day / forthcoming strike), but your train did actually run, then unfortunately a refund isn’t due. However, refunds are due if a customer abandons a journey due to a delay or cancellation. I presume you’ve looked on Reat Time Trains (or equivalent) and found your booked train ran late. So on a technicality you could further persue this with EMR. Morally though its not really right as you didn’t even attept to travel (and so your ticket became valueless). Your chances of success will likely depend on (a) how much the train was actually delayed and (b) your doggedness and determination in the face of likely further rejections of your refund requests. But if you do try again you will need to mention the Conditions of Travel rules that allow you a refund of an advance, saying you abandoned your journey because of a delay rather than you because you were worried about a possible delay. If you’ve already told EMR the latter I wouldn’t try changing your story now.

 

[WesternLancer]

Just as a rider to all the stuff posted - this wasn't on a date when EMR published on their website that tickets could be used on other days or refunded at no fee or anything like that was it? If so I would expect that to be honored.

 

[gray1404]

Please provide full details of the tickets purchased.

 

[robbeech]

An advance single (on EMR) comes with a seat reservation. Would this have been honoured?
I know that Crosscountry tend to remove seat reservations on strike days on some services. If EMR did the same (either planned or ad-hoc for that service on the day) then this would entitle you to claim a refund.

 

[skyhigh]

An advance single (on EMR) comes with a seat reservation. Would this have been honoured?
I know that Crosscountry tend to remove seat reservations on strike days on some services. If EMR did the same (either planned or ad-hoc for that service on the day) then this would entitle you to claim a refund.

I might be reading this wrong, but I've taken from what the OP said that they weren't travelling on a strike day. So I'd be surprised if they'd announced seat reservations wouldn't be honoured.

 

[robbeech]

I might be reading this wrong, but I've taken from what the OP said that they weren't travelling on a strike day. So I'd be surprised if they'd announced seat reservations wouldn't be honoured.

This is why I included the “ad hoc” part. If this was before or after a strike day then alsorts of things can happen causing them to have the wrong unit or a short formed unit etc. Or, something completely unrelated to the strike.

 

[43066]

An advance single (on EMR) comes with a seat reservation. Would this have been honoured?
I know that Crosscountry tend to remove seat reservations on strike days on some services. If EMR did the same (either planned or ad-hoc for that service on the day) then this would entitle you to claim a refund.

Even if the person chose not to travel in the first place?