John Palmer
Member
- Joined
- 23 Oct 2015
- Messages
- 399
I do not see the significance of any route or operator restrictions to which the tickets held by the OP were subject. As advance tickets, they were only valid on the 10:27 Newcastle departure (presumably the three advances covered travel on different legs of the same train's journey), and they were not valid on any other train, LNER services included. As @furlong points out in post #195, if prevented by disruption from using those tickets their holder was compelled to rely on other contractual provisions. Foremost amongst these is NRCoT 28.2, and I would argue that this condition became engaged by cancellation of the 10:27 service. Train Companies' obligations under that condition are not qualified by route or operator restrictions that had been applicable to the tickets for the disrupted journey, a point reinforced by the corresponding absence of any such qualification to the following passage in Condition 5 of the Advance Tickets Conditions of Use: “If delays occur while travelling, you will be allowed to take the next available train(s) to complete your journey.” No mention there of the next available train having to be one provided by the operator of the disrupted service. In these circumstances I would be disinclined to concede in correspondence that the OP was at fault in making use of the Lumo train, and agree with @MrJeeves that the letter to Lumo should mention its obligations under Condition 28.2.