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LNER First Class Lounge Closure - refund?

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railch9

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Hello All, appreciate any advice on this - I have an LNER advance first class ticket from Kings Cross this Sunday 29 March and just got an email saying the lounge will be closed for refurbishment.
There was nothing highlighting any risk of closure when I booked the ticket via the LNER site in January, and access to the lounge seating is a big part of why I booked first class (having been stuck in Kings Cross during long delays before and now with some extra medical reasons).
As the lounge is part of the first class service advertised when I bought the ticket, shouldn’t I be due some level of refund if it won’t be available?
The email obviously doesn’t mention any route for complaints or compensation, only a link to images of the new lounge decor…(grey)..
Thanks for any help!
 
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Darandio

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I suspect the lounge access is classed as complementary and will raise the same arguments as those that crop up when catering isn't available, there's mixed consensus on that here. That doesn't mean it's not worth contacting their customer services department and see if they offer anything.

For the record they first announced the upcoming lounge closure on 5th January.
 

soccermad

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All I can find on national rail website is the following

First `class passengers are entitled to.​


Complimentary access to First Class lounges.
 

ikcdab

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Obviously write to them, but lounges are a free service for first class passengers so I can't imagine they will offer any compensation.
 

furlong

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If you had known the lounge would not be available, what would you have done differently?
- Not travelled at all?
- Bought a standard class advance ticket?
- Still bought the same ticket?
 

mmh

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If you had known the lounge would not be available, what would you have done differently?
- Not travelled at all?
- Bought a standard class advance ticket?
- Still bought the same ticket?
What would be the relevance of any of the answers to those questions to the OP's question?
 

Jan Mayen

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Perhaps a refund if the passenger had purchased food or drink they might reasonably had expected to be included?
 

CyrusWuff

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As it's not an issue with the train service itself, a refund under Condition 30 of the National Rail Conditions of Travel (which entitles you to a full refund if you decide not to travel because the train you intended to use is: cancelled, or delayed, or rescheduled after you have purchased a Ticket or Tickets, or your reservation will not be honoured) wouldn't apply.

Rather you'd be looking to make a complaint under Section 50 of the Consumer Rights Act 2015, which states:
Consumer Rights Act said:
(1)Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—

(a) it is taken into account by the consumer when deciding to enter into the contract
Under the CRA, you are entitled to request a price reduction (which can be the full price paid) for the failure to conform to the contract (i.e. the First Class Lounge being unavailable), though you may struggle if you purchased the ticket after the closure was announced on 5th January.
 

furlong

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Exactly - the questions are firstly, to what extent the first class lounge offering was an essential aspect of the contract for that passenger such that, had the passenger known it was not available, they would have acted differently and not made that precise purchase; and secondly, if they would still have made the same purchase, whether they are entitled to a price reduction.
 

railch9

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Thank you all very much for the replies.
In answer to the various questions and comments; it looks like I did book shortly after the formal announcement Darandio and CyrusWuff shared - although to be honest that annoys me more, since there’s then no reason the closure couldn’t have been highlighted at the time of booking.

I’m not sure if I would have booked first class without the lounge access - it’s a once a year trip so ..maybe - but the main remaining benefit for me is a better chance of surviving a ‘cancelled seat reservations’ journey, which on its own doesn’t feel likely enough to justify the splurge.

I definitely get value from the soft drinks in the lounge & will have extra expenses now. I’m also in a situation where I don’t need real assistance but have to plan extra time in my journey and can’t compete in the normal platform stampede - so arriving early, waiting in the lounge and using their bridge to the platform is my way of managing that.

I think I will follow up with LNER. I appreciate these things have to happen some time, but for planned works I see no reason why it shouldn’t have been flagged on their website at the booking stage - at least then it would be clear what I was getting for the first class premium. I checked the journey information quite carefully at the time, since I think earlier weekends had engineering works / replacement buses so I’m relatively confident it wasn’t visible on the main LNER booking pages.
Thanks again for the comments and information. I shall endeavour to get all possible value from the catering cart to make up for the disappointment .
 

STINT47

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When I choose to travel in first the catering and lounge offer certainly plays a part in my decision.

If I therefore buy a first class ticket and any of the things advertised are unavailable then the argument that they are complimentary doesn't work for me.

The worst for this was Avanti who denied any compensation was due when the catering got cancelled because it's complimentary. I boarded at a station with no lounge so literally the only thing I was paying more for compared to standard premium was the catering.

I would put in a complaint but expect to have to follow it up a few times and or threaten legal action before you might get something.
 

Egg Centric

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using their bridge to the platform is my way of managing that.
As an aside, that bridge isn't first class only. You can access it from the "main" upper level and you're absolutely right that very few people do use it, so it's a good way of avoiding the rush (although just as important is to find out the platform before it's announced by means such as RTT or Traksy albeit there are risks here especially during disruption).
 

Haywain

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The lounge will reopen to the public on Tuesday 31 March.
 

sh24

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As an aside, that bridge isn't first class only. You can access it from the "main" upper level and you're absolutely right that very few people do use it, so it's a good way of avoiding the rush (although just as important is to find out the platform before it's announced by means such as RTT or Traksy albeit there are risks here especially during disruption).

Good advice. There are seats and benches on the upper level too, making it an excellent place to wait. The barriers are often left open so its easy to get ahead of the boarding rush.
 

yorkie

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I suspect the lounge access is classed as complementary and will raise the same arguments as those that crop up when catering isn't available....
If it is the same argument, then would mean compensation would be payable, if the closure wasn't announced when the fare was bought or if lounge excess was advertised as being available and was a factor in the decision to upgrade.
there's mixed consensus on that here.
People who know how consumer law works are in agreement that compensation is payable where an advertised service isn't available, and this was a factor when choosing to upgrade to first class.

== Doublepost prevention - post automatically merged: ==

Obviously write to them, but lounges are a free service for first class passengers so I can't imagine they will offer any compensation.
That isn't how consumer law works.

== Doublepost prevention - post automatically merged: ==

What would be the relevance of any of the answers to those questions to the OP's question?
People who are unsure of the relevance of @furlong's question aren't aware of consumer law and therefore aren't in a position to answer the opening poster ;)

== Doublepost prevention - post automatically merged: ==

When I choose to travel in first the catering and lounge offer certainly plays a part in my decision.

If I therefore buy a first class ticket and any of the things advertised are unavailable then the argument that they are complimentary doesn't work for me.
Indeed, anyone who chooses to upgrade based on being told a particular service will be available, and then finds it isn't, is entitled to some compensation.
The worst for this was Avanti who denied any compensation was due when the catering got cancelled because it's complimentary. I boarded at a station with no lounge so literally the only thing I was paying more for compared to standard premium was the catering.
It's not at all uncommon for train companies not to understand consumer law, contract law and indeed various other aspects of law.
I would put in a complaint but expect to have to follow it up a few times and or threaten legal action before you might get something.
Yes, that's how Avanti works. I know a solicitor who has got £thousands in compensation from Avanti, but they really had to fight for it.
 
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Chrism20

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The lounge will reopen to the public on Tuesday 31 March

The press show round has been this morning and photos are on travel site Head for Points facebook page

Looks very nice.

 

WesternLancer

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Good advice. There are seats and benches on the upper level too, making it an excellent place to wait. The barriers are often left open so its easy to get ahead of the boarding rush.
I always use that route. Never busy. And you are part way down the middle of the train when you get to platform which is handy.
 
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