Hoverbus didn't run - partial refund due?

[redreni]

Returning from Ryde to Southsea via Hovertravel, travelling on the return portion of an Anytime Open Return from Portsmouth & Southsea to Ryde St Johns Road route Any Perm+Hovrtvl, just after boarding at Ryde a Hovercraft crewman announced that the Hoverbus had broken down, so "we won't be able to provide that; those of you with onward travel plans will need to make your own arrangements".

I was travelling with a friend who was in a hurry, so we took an Uber to Portsmouth Harbour station.

If I'd had more time, I would have been inclined to establish who operates the Hoverbus and to go through the motions of contacting them and asking them what alternative transport they would be laying on before doing my own thing. On the other hand we had been told to make our own arrangements by Hovertravel staff. The Uber was pretty cheap, but I'm just trying to work out who's liable for organising alternative transport, reimbursing taxis etc in this situation? Hovertravel is not listed at Annex A NRCoT, but nothing I saw when I booked with LNER or in their confirmation email, itinerary or ticket suggests I that the ticket I bought is subject to any other T&Cs. I assume, though, that despite the retailer opting not to tell me this, the cancelled leg of my journey falls under 4.4 NRCoT:

4.4 Some Tickets entitle you to goods or services from another party (for instance the right to travel on bus services). Where this is the case, your Ticket is also evidence of a contract between you and that other party, whose own conditions will apply when using their services.

HoverTravel's Booking T&Cs say:

If we arrange for someone else to provide other facilities (such as the H1 Hoverbus (operated by First Bus Solent)), meals, festival & event tickets, admission tickets, visits to attractions and so on), we do so as your agent and you must comply with any conditions that the supplier of those facilities or services impose on you. In such circumstances, we only make such arrangements available acting as agent and the terms and conditions of the providers of those other services and/or facilities will be liable to you in respect of such arrangements. Hovertravel shall not be liable in any way in respect of any act, omission, performance or non-performance of such services and/or facilities.

There appears to be no such company as "First Bus Solent". The FirstBus website does have Conditions of Travel for First Hampshire & Dorset, which say:

We accept no liability for a holder of a valid pre-paid ticket or valid pass being unable to use such ticket or pass due to lack of room on a vehicle, or where it is at full capacity, or failure of a service to operate.

So the contractual terms appear to be that you pay for the service, but there is no obligation on anybody to provide the service and no recourse if the service is not provided.

Are those contractual terms fair?

Or, alternatively, am I due a partial refund from the retailer (LNER) under consumer law for non-provision of the service?

The itinerary against which the ticket was sold was as follows, although in the event I was travelling two hours earlier:

06/11/2025 Reservations No reservations made	Ryde St Johns Road 12:30 Island Line Ryde Esplanade 12:35
Reservations No reservations made	Ryde Esplanade Ryde Hoverport
06/11/2025 Reservations No reservations made	Ryde Hoverport 13:15 Southsea Hoverport 13:25
06/11/2025 Reservations No reservations made	Southsea Hoverport 13:26 Portsmouth & Southsea 13:39

 

[Watershed]

I would argue you are certainly due a refund of some sort - under the Consumer Rights Act if nothing else.

The slightly harder thing is to establish who you would claim that from. My first inclination would be to claim it from the retailer, but they could argue their responsibility is purely for the retailing and fulfilment of the ticket rather than the actual service provided.

It sounds like the HoverBus is provided by First Hampshire & Dorset so any claim for failure to provide the service would have to go to them. That being said, it might be easier - at least in the first instance - to submit a claim to HoverTravel. You'd hope that in the interests of good customer service, they would liaise with First as necessary and give you the appropriate reimbursement/compensation without having to go around the houses.

 

[redreni]

Thanks, my first instinct was the same as yours so I emailed LNER last night explaining what happened, expressing surprise that they'd sold me a ticket that included a bus which they said was operated by HoverTravel but which actually seems to be operated by somebody else entirely who expressly disclaims any liability whatsoever for failure to provide it (as does HoverTravel), and suggesting to them that the additional taxi fare I incurred (which amounted to about 18% of the cost of the ticket) might be a sensible amount for them to consider by way of a partial refund under these circumstances?

They're usually quite quick to respond so I might see what they say before taking it up with HoverTravel if necessary.

 

[redreni]

Just an update on this: LNER lost track of my email initially, but I chased them today and they sorted it out very quickly.

My proposal to them was a partial refund of just under a fiver, to reflect the non-provision of the last leg of the journey and the taxi fare incurred. Instead they've given me a full refund. I'm pleased with that!