Yes, NRCoT 28.2 is indeed qualified
In what way is it qualified? The only qualification stated is that
any Train Company will, where it reasonably can, provide you with alternative means of travel to your destination, or if necessary, provide overnight accommodation for you
This proviso has nothing to do with split tickets. It is purely about whether a given TOC is reasonably able to assist. It is hard to foresee any circumstances under which a TOC running a train in the right direction could not reasonably assist a stranded passenger by letting them on it. Similarly, if a hotel room is available, the fact it may be expensive does not prevent a TOC from being able to book it.
beware a Combination of Tickets as outlined below as I have, as yet, not seen anyone other than Booking Offices, Travel Shops and Travel Centres warning of the pitfalls:
You keep on making this argument but you are mistaken. Valid combinations of split tickets (meeting the requirements of condition 14.2) have the same rights to assistance under condition 28.2 as through tickets.
Yes, you normally need to take trains that stop at your split point(s), and if you buy split tickets then the chances of buying a TOC-restricted fare may be higher. But those limitations don't apply in situations covered by condition 28.2 - the obligation to assist applies to
any Train Company, so they can't refuse because you are on a TOC-specific ticket or because of your split point(s).
Certainly there is more that certain split ticket retailers (like Trainline) could do to make the usual restrictions associated with splitting clearer. But it is not a risk in the way you suggest.
The link below, stems from:
https://ras-el.gr/wp-content/uploads/2023/01/guidance-on-rail-passengers-rights-and-obligation_ee-782_2021.pdf#:~:text=Based on the European legal framework that has,of services and rights provided within the Union.
This warning should be given to UK Passengers too, but it is not:
eur-lex.europa.eu
| (25) | "The offer of through-tickets should be promoted. However, correct information concerning the rail service is essential also when passengers buy tickets from a ticket vendor or a tour operator. Where the ticket vendors or the tour operators sell separate tickets as a bundle, they should clearly inform the passenger that those tickets do not offer the same level of protection as through-tickets and that those tickets have not been issued as through-tickets by the railway undertaking or railway undertakings providing the service. Where ticket vendors or tour operators fail to comply with this requirement, their liability should go beyond the reimbursement of the tickets." |
With the greatest of respect, the Regulation you refer to has no bearing whatsoever on the situation in Britain.
Firstly, this is an extract from the revised EU Passenger Rights and Obligations Regulation (PRO) which came into effect in 2023. Since we have left the EU, changes to EU Regulations are not applicable in UK law. Only EU laws in effect on the day that Brexit happened (like the original PRO, EU Regulation 1371/2007) were retained in British law.
Furthermore, most continental railways do not recognise split tickets in the way that we do here, by virtue of NRCoT condition 14. Most exclude split tickets from constituting a through journey. Therefore the legal position is quite different; it cannot be compared to the legal position in Britain.
The UK is an absolute mess and needs immediate sorting when it comes to fully informing Passengers.
As an example, we had a disruption yesterday near Lockerbie. Many had to pay for their hotels as they could not complete their journey with "SplitSave".
I truly hope you weren't misinforming passengers in line with what you have posted above. Anyone who was stranded (despite meeting the requirements of condition 14.2) would have been entitled to overnight accommodation to be arranged by any TOC in a position to assist (e.g. that operate trains at the relevant stations).
One young lady travelling from Aberdeen to Hereford had her 16:57 from Haymarket cancelled, but the 18:57 ran as did the 20:17. She had a choice of spending the night in Crewe, at her own expense, or crashing with a friend here in Edinburgh as the hotel prices were extortionate.
She should have been advised to continue as far as possible that day, and that she was entitled to a hotel to be arranged by the TOCs (e.g. Avanti since they manage Crewe station) once she reached the furthest she could go. She should
not have been told that accommodation would be at her own expense.
The lady when questioned did not realise what "SplitSave" was or what it meant in terms of Contract Law.
I doubt that most people have a full understanding of the NRCoT. Indeed most rail staff don't -
some claim it doesn't even exist/apply! But as above, there aren't any implications in terms of condition 28.2, provided it is a compliant combination.
Passengers, rightly, feel ripped-off when we inform them of this.
They would be quite right to feel ripped off if they are misinformed by people such as yourself, yes!
It is sad that sites like this, that have members that should know better, are giving out the wrong information leading to assaults both physical and verbal to rail staff who ARE giving out the correct information.
Times have changed - catch up.
Nothing has changed. Conditions 14.2 and 28.2 have been in force for about as long as split tickets have been 'a thing'. Assaults are never acceptable but at the same time, staff should not be giving out misinformation. It is to be expected that people will be frustrated if they are wrongly told they are on their own.
