• Our new ticketing site is now live! Using either this or the original site (both powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

Eurostar is trying to force me to upgrade my ticket

joncombe

Member
Joined
6 Nov 2016
Messages
868
I booked Eurostar from London to Lille (back in July) from London to Lille travelling out on the 8th November at 09:01 from London and arrive at Lille at 11:27 and returning on the 9th November departing Lille at 20:35 and arrive at London 20:57.

On the 24th October I was notified that the outward train (on the 8th November) was cancelled. I had to rebook and cannot travel any later, so that meant re-booking onto the 07:04 departure from London (which I should if everything is on time just about make but it will be tight, my alternative is to drive to a Thameslink station which has an earlier first train instead).

Despite this "engineering work" other trains, including those before and after the one I originally booked are still running so I am dubious about this supposed engineering work.

Now today I have been notified, less than 2 weeks before departure, that the return train I am booked is also cancelled (and for the same reason, engineering work).

As this is the last train I guess I have no choice but to travel earlier? However when I try and select an alternative service on this date (9th November) I get a message that

Sorry, all our Eurostar Standard tickets are sold out on this day. Why not upgrade to Eurostar Plus? You’ll get to travel on this day, plus you’ll enjoy a light meal and drinks served at your seat, in more comfortable surroundings.

Some trains show no availability at all, some show only Eurostar Plus for which the upgrade fee is either £111, £131, £151 or £166 depending on the train. Interestingly the train I am booked on that was supposedly cancelled is still listed (but shows no tickets available).

I am dubious that the real reason is engineering work (I wonder if instead they are running a shorter train so "bumped" some passengers off it).

Either way it seems Eurostar expects me to pay them over £100 to get home even on the same day I originally booked, let alone at a similar time which would mean my weekend trip is reduced to, at best a day trip.

I think it is compeletly unacceptable Eurostar seem to be demanding that I now pay them extra of £100 to travel on the same day when the cancellation is not my fault (if indeed the train is actually cancelled, because it still shows on their site). I think it amounts to "bait and switch" which is illegal.

Before I ring Eurostar are there any other options open to me here? I would hope in this case they would waive the upgrade fee, but given their website isn't doing that I doubt that in practice they will allow it on the phone.

Even then, I would still have to travel earlier. I know with a flight EU261 applies which means if a flight is cancelled within 2 weeks of departure I would get €250 compensation and in addition could come back the following day and claim expenses.

However a quick Google suggests this does not apply to Eurostar. However I think there is some sort of right to be re-routed that applies in the EU, would that apply here? I am wondering if I could fine a suitable flight from Paris or Brussels taking a train to either of those and flying home might be an option.

I'd rather not cancel the trip and don't see why I should be left out of pocket, but not sure if that is possible in practice. Would appreciate any help.

Competition for Eurostar can't come soon enough!!
 
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

rvdborgt

Established Member
Joined
24 Feb 2022
Messages
2,473
Location
Leuven
EU Regulation 261/2004 is not relevant, but instead 2021/782. In this case especially article 18.
Eurostar are required to rebook you on the next available train, in any seat available. That also means in Plus if Standard isn't available anymore in the next train, or even in Premier if Plus is also full. If that means travelling the next day, then they also have to provide overnight accommodation and a meal and refreshments (see article 20). And you'd also be entitled to 50% compensation for delay.
I know they're quite reluctant to rebook passengers in a higher class, although they're required to do so if the passenger chooses option b from article 18(1). They don't let you do that yourself using the link from their e-mail, and you need to be very persistent at their counter or on the phone.
Given the fact that you need to travel on the 9th, I'd call them ASAP and ask them to rebook you on the earlier train. If they want you to pay extra, then say you're doing them a favour, since they'd actually have to pay for a hotel and meals/refreshments, and you're willing to leave earlier instead of with the next available train, forgoing your 50% compensation.
A flight won't be reimbursed.
 
Last edited:

joncombe

Member
Joined
6 Nov 2016
Messages
868
Thank you rvdborgt. I will call them in the morning as they were closed at 7pm today. I might opt to take the first train on the 10th instead (which would mean hotel etc). I suspect however they will try to argue that I was notified in advance so not entitled to that, but I don't see anything in the law that says that?

(I had experience of a flight cancelation a few years ago and BA did try and argue that as I was given more than 2 weeks notice of this there was no entitlement to expenses if I travelled the next day (they wanted me to take an earlier flight on the same day), however the EU261 legislation is clear they are required to pay expenses for a cancelation (always), it is only the right to compensation that doesn't apply if more than 2 weeks notice is given. They did pay my expenses in that case, eventually but this experience leaves me to suspect I'll have a fight on my hand with Eurostar).

I also don't think the train is really cancelled. It is not listed as cancelled on their disruption page (though the train on the 8th November is) and is still listed on the website if you search for trains, albeit with no ticket availability. So my suspicion is they have substituted a smaller train and bumped off some passenger (including me). Does that make a difference if the train does actually still run?
 

Mainline421

Member
Joined
7 May 2013
Messages
899
Location
Finland
Hopefully they can sort it out by phone, but if not then honestly (assuming you can tolerate a small risk) I would just turn up on the day, that was only thing that worked for SNCF in similar circumstances https://www.railforums.co.uk/thread...mmodation-as-notice-given.288102/post-7341387 Eurostar keep a small number of seats spare for delays, walk up business premier pax, etc. and on quieter days they will even sometimes let people swap trains just because they're early. Pretty sure they'd put you in Standard Premier on the train before if there's genuinely nothing else left too.
 

rvdborgt

Established Member
Joined
24 Feb 2022
Messages
2,473
Location
Leuven
Thank you rvdborgt. I will call them in the morning as they were closed at 7pm today. I might opt to take the first train on the 10th instead (which would mean hotel etc). I suspect however they will try to argue that I was notified in advance so not entitled to that, but I don't see anything in the law that says that?
The fact that they informed you in advance is not relevant for your rights. Article 18 of the regulation applies in the same way as if they'd cancel it 1 minute before departure.
I also don't think the train is really cancelled. It is not listed as cancelled on their disruption page (though the train on the 8th November is) and is still listed on the website if you search for trains, albeit with no ticket availability. So my suspicion is they have substituted a smaller train and bumped off some passenger (including me). Does that make a difference if the train does actually still run?
It doesn't make a difference. You're not allowed on it anymore, so for you, it is cancelled.
If you opt for the first train on the 10th, then do ask Eurostar how they want to handle the hotel expenses: do they provide a room, or do you need to claim afterwards.
Also keep their mail about the cancellation of your train om\n the 9th, as proof. I've seen cases where Eurostar claimed that the timetable of your rebooking is the reference for delay compensation, but this is not the case if you opt for the next available train (article 18 option b), in which case the timetable of the original booking is the reference.
I would just turn up on the day, that was only thing that worked for SNCF in similar circumstances https://www.railforums.co.uk/thread...mmodation-as-notice-given.288102/post-7341387 Eurostar keep a small number of seats spare for delays, walk up business premier pax, etc. and on quieter days they will even sometimes let people swap trains just because they're early. Pretty sure they'd put you in Standard Premier on the train before if there's genuinely nothing else left too.
That's also a good strategy, if you can risk to be rebooked to the next morning.
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
I would prefer not to just turn up. One problem is that I have the booking confirmation email but not the ticket as I hadn't yet provided the required passport details. Now I have done that I got emailed the ticket for the outward but not the now cancelled return trip. Does that matter, I assume the booking confirmation is enough (and the email that tells me the train is cancelled).

OK final (I hope) correction now. I have now managed to get an email with the tickets for both journeys with the QR code and a PDF copy, so I do have the tickets now.

== Doublepost prevention - post automatically merged: ==

I phoned Eurostar and to start with they told me that as there were no Standard tickets left I'd have to pay for an upgrade if I wanted to travel the same day. I was then told there was availability on the first train of the morning but I stated (truthfully) I am not able to get there that early (nor do I want to, which is a different matter).

I did question if the train was really cancelled and got the impression she didn't know as she said it is still showing there is no availability (which is also true of other trains). I also questioned if it was really engineering work and she said if that is what I had been told in the email then it was and it often happens for a couple of hours hence only impacting one train. She also told me that 10 days was "plenty" of notice and often there is much less!

I was then offered a free upgrade to travel in Eurostar Plus on an earlier train but I stated I wanted to travel on the first train the next morning and that they were required to pay expenses under the law quoted above, because there is no obligation to travel earlier.

I was told they would look into that and call me back. They didn't instead sending an email stating "You can travel the following day should you wish but we would not be able to cover the hotel expenses as a lot of notice has been given.".

What do I do now? Call back and complain about it? The trouble is the clock is ticking and I fear the first train the next morning will soon sell out and I can't travel any later as I need to get to work.
 
Last edited:

rvdborgt

Established Member
Joined
24 Feb 2022
Messages
2,473
Location
Leuven
I was then offered a free upgrade to travel in Eurostar Plus on an earlier train but I stated I wanted to travel on the first train the next morning and that they were required to pay expenses under the law quoted above, because there is no obligation to travel earlier.

I was told they would look into that and call me back. They didn't instead sending an email stating "You can travel the following day should you wish but we would not be able to cover the hotel expenses as a lot of notice has been given.".

What do I do now? Call back and complain about it? The trouble is the clock is ticking and I fear the first train the next morning will soon sell out and I can't travel any later as I need to get to work.
You can always sort out the hotel expenses afterwards, if needed also by going via the UK or Belgian enforcement body. They've refused in advance to cover your expenses, which is already a breach of the EU Regulation, and you have that in writing.
So if you want to travel the next day, then rebook now.
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
I tried to speak to Eurostar again. They are insistent that this law 2021/782 only applies for trains cancelled on the day of travel and therefore because the train I am booked on was cancelled in advance they are not liable for expenses and won't pay expenses. They refused to allow me to escalate stating that is their policy and they are not allowed to deviate from it.
 

RT4038

Established Member
Joined
22 Feb 2014
Messages
5,448
I tried to speak to Eurostar again. They are insistent that this law 2021/782 only applies for trains cancelled on the day of travel and therefore because the train I am booked on was cancelled in advance they are not liable for expenses and won't pay expenses. They refused to allow me to escalate stating that is their policy and they are not allowed to deviate from it.
You are going to have to write to them, with your hotel expense claim. They may pay it at that point, or write back with their reason for refusal and you can take it higher as appropriate.
 

Hophead

Established Member
Joined
5 Apr 2013
Messages
1,397
Eurostar's attitude quite frankly stinks. If you're inclined, perhaps you could contact either or both of The Man in Seat 61, or Simon Calder. They may not be able to act on your behalf, but Calder all too often has to remind airlines of their obligations in similar circumstances and either might be able to offer advice or generate a little unwelcome publicity for a company which could absolutely do with some.
 

williamn

Established Member
Joined
22 May 2008
Messages
1,653
As far as I can see that article makes no reference at all to cancellations having to be on the day to qualify.
 

STINT47

Member
Joined
16 Aug 2020
Messages
860
Location
Nottingham
Reading on this thread how Eurostar treats passengers makes the case for competition even greater.

I think that with perseverance you would eventually get your hotel and other expenses paid. It may however reach the point of involving the regulator and or legal action first

I bet a lot of people don't know their rights and when they do they give up pursuing them.
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
Reading on this thread how Eurostar treats passengers makes the case for competition even greater.

I think that with perseverance you would eventually get your hotel and other expenses paid. It may however reach the point of involving the regulator and or legal action first

I bet a lot of people don't know their rights and when they do they give up pursuing them.
Yes I am sure it's all quite deliberate from them. Don't tell anyone this law exists. If anyone questions it make up some rules to suit themselves and make things as difficult as possible in the hope people don't bother to claim what they are entitled to.
Eurostar's attitude quite frankly stinks. If you're inclined, perhaps you could contact either or both of The Man in Seat 61, or Simon Calder.
Good idea. I have contacted both.
 

rvdborgt

Established Member
Joined
24 Feb 2022
Messages
2,473
Location
Leuven
I think that with perseverance you would eventually get your hotel and other expenses paid. It may however reach the point of involving the regulator and or legal action first

I bet a lot of people don't know their rights and when they do they give up pursuing them.
That is indeed the case and I'm afraid Eurostar may be exploiting that. IMO, for exactly that reason, such a case should go to one of the enforcement bodies sooner rather than later.
This Eurostar policy (misinterpreted legislation) is quite frankly infuriating and needs to be corrected by the appropriate authorities.
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
Eurostar's attitude quite frankly stinks. If you're inclined, perhaps you could contact either or both of The Man in Seat 61, or Simon Calder.
I did contact the Man in Seat 61 and he replied very promptly, see below.
A quick look at https://eur-lex.europa.eu/eli/reg/2021/782/oj/eng shows exceptions for force majeure and for cancellations known before you bought your ticket, but I don't see any notice period which disapplies the regulation. Indeed, there's no definition of a 'cancellation' which applies any sort of time limit. Of course, a lawyer would have to read the whole thing, and any other documents referrred to!

You'll certainly get rebooked at no charge on a later train, the only issue is your hotel cost and maybe a meal.

Best wishes

So seems he agrees that there is no "on the day limit" as Eurostar suggest. I was hoping he might have had experience of this himself and might be able to help further but it doesn't sound like it. Meanwhile the promised call from a Eurostar manager today never happened (when I called yesterday I asked to escalate but told all the managers had finished for the day at 5pm).
 

BRX

Established Member
Joined
20 Oct 2008
Messages
4,477
Regardless of what any law says, how can they argue even from a "common sense" viewpoint that it's reasonable for them to make you pay more as a result of them not being able to provide what you paid them for? Don't they know what a contract is? Especially when so much of their model is based on incentivising *you* to plan far ahead in order to pay a price that it affordable to you?

If you gave them "lots of notice" (ie 10 days) that you weren't able to travel any more (after agreeing that you buy a non refundable ticket) would they be fine with just giving you your money back or letting you travel the next day instead at no additional cost to you? Of course not!

Definitely think you should make a big fuss about this, it's a rotten attitude on their part and the more people complain the less likely they are to carry on.

I'd also be asking for an apology for having been given false advice and for time-wasting.
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
I also have my doubts the return train is cancelled. If I go here the train I was originally booked to travel on on the 8th November is showing as cancelled (09:01 from London).


However for the return train I booked (the 20:35 from Lille) is still shown as running.


No cancellations are showing on that date on their Disruptions page either (https://www.eurostar.com/uk-en/travel-info/travel-updates)
 

Hophead

Established Member
Joined
5 Apr 2013
Messages
1,397
I'm not sure that, under the circumstances, I'd be quite as confident as Seat 61 confident in stating "You'll certainly get rebooked at no charge on a later train".......

Especially when you consider that this situation almost certainly affects at least 100 travellers.
 

Bletchleyite

Veteran Member
Joined
20 Oct 2014
Messages
112,941
Location
"Marston Vale mafia"
It is really quite bad that Eurostar acts worse than Ryanair in this sort of situation. Ryanair would rebook you and get you a hotel. And a legacy airline would certainly upgrade someone to business to free up an economy seat (though probably it'd be a frequent flyer who got the upgrade rather than the OP).
 

STINT47

Member
Joined
16 Aug 2020
Messages
860
Location
Nottingham
And a legacy airline would certainly upgrade someone to business to free up an economy seat (though probably it'd be a frequent flyer who got the upgrade rather than the OP).
Whilst Eurostar would prefer you to pay them for the upgrade as if they're doing you a favour.
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
I think I might also raise this with trading standards. The response from Eurostar is that they can't provide the service that was advertised when I booked and paid for a ticket. All of their proposed remedies to this involve me paying more money to them to receive the service I have already paid for. I.E. pay for an upgrade because no standard seats are free on that day OR travel the next day and pay for a hotel/expenses myself. I think that amounts to bait and switch which is against the Unfair Trading Regulations legislation. In addition to the fact they are also breaching law the EU2021/782 linked above.
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
So far Eurostar have paid compensation for the train delayed, but completely ignore all correspondence with regards to hotel or overnight compensation or my complaint about the original cancellation and short notice of it. I believe there is some sort of Frence equivilant of the Rail Ombudsman I can contact to escalate things. Has anyone had any success going this route (I know the UK Ombudsman is useless so I am not going to waste my time with that).
 

williamn

Established Member
Joined
22 May 2008
Messages
1,653

joncombe

Member
Joined
6 Nov 2016
Messages
868
OK I think https://mediation.sncf-voyageurs.com/en/le-site-de-la-mediation-sncf-voyageurs-en is what I need to do, it says they cover Eurostar.

After contacting Eurostar again now rather than just ignore they have come back with a refusal

"As your train was cancelled 4 days prior to travel, these expenses are not covered in our Compensation policy, To claim expenses for these costs, you'll need to get in touch with your travel insurance provider."

I did quote the law above rather than the Eurostar compensation policy when making the claim but it seems they ignored that bit.
 

Trainbike46

Established Member
Joined
18 Sep 2021
Messages
4,362
Location
belfast
OK I think https://mediation.sncf-voyageurs.com/en/le-site-de-la-mediation-sncf-voyageurs-en is what I need to do, it says they cover Eurostar.

After contacting Eurostar again now rather than just ignore they have come back with a refusal

"As your train was cancelled 4 days prior to travel, these expenses are not covered in our Compensation policy, To claim expenses for these costs, you'll need to get in touch with your travel insurance provider."

I did quote the law above rather than the Eurostar compensation policy when making the claim but it seems they ignored that bit.
Have you considered making a claim in small claims court?
 

joncombe

Member
Joined
6 Nov 2016
Messages
868
Have you considered making a claim in small claims court?
Yes that's not a bad idea and I am giving it serious consideration. I can see that the initial claim is not that expensive although there is a risk of costs if I lose.

It sounds like the first part of the process is to send (by recorded delivery) a letter before action giving 14 days for Eurostar to respond. (I am not sure this part is strictly required but it seems it is expected you will have exhausted all avenues first so for the cost of a letter it seems worth a try first).

Assuming I go ahead with action one complexity seems to be that I would be trying to enforce payment under an EU law in the UK (2021/782). Would that matter? I guess potentially there is the option of the Consumer Rights Act using the "Reasonable Care and Skill" clause? Or potentially because they tried the "Bait and Switch" approach which is illegal under the Unfair Trading Regulation 2008 law.

Assuming that is still OK I think probably I will draft a "letter before action". Would anyone on the forum with any experience of this be able to review it before I send it?
 

MotCO

Established Member
Joined
25 Aug 2014
Messages
6,080
My (limited) experience of negotiating a legal settlement is that you are expected to show good intentions of reaching an agreement before taking the dispute to law. The "letter before action" could help fulfil this requirement.
 

rvdborgt

Established Member
Joined
24 Feb 2022
Messages
2,473
Location
Leuven
Assuming I go ahead with action one complexity seems to be that I would be trying to enforce payment under an EU law in the UK (2021/782). Would that matter? I guess potentially there is the option of the Consumer Rights Act using the "Reasonable Care and Skill" clause? Or potentially because they tried the "Bait and Switch" approach which is illegal under the Unfair Trading Regulation 2008 law.
AFAIK the previous version of the EU Regulation (1371/2007) was transferred into UK law when Brexit happened, which in this case would grant you the same rights.
 

Top