Ticket restrictions changed after purchase

[island]

In November I purchased a super off-peak return from Lee (London) to Birmingham Stations for Mrs. island to use in February this year. I did not obtain reservations. At the time this ticket was unrestricted northbound in the morning and southbound in the evening. However, as of tomorrow Chiltern is introducing a morning bar from 0630 to 0900 for departures from London Marylebone, and Mrs. island wishes to travel during those times. What, if any, recourse or options does she have, besides excessing the ticket, bearing in mind that I bought the ticket with no knowledge of the future change?

 

[Daz28]

Take a print of this page today. It still has the old restrictions listed.

http://www.chilternrailways.co.uk/c...types-and-restrictions#Super_Off_Peak_Tickets

I would expect Chiltern to show discretion in the early days of the new restriction, and the worst case should be an on-board excess.

 

[jon0844]

Does the ticket show the printed time, making it clear it was purchased when different restrictions applied?

If so, I'd say there should be no problem with being firm, but polite, with anyone that tried to say otherwise. I can't imagine anyone would take it further.

I doubt there's any need to pay an excess either as you have agreed T&Cs at the time of purchase. There's a good chance you needed to tick a box to say so, which would always count against you. That is unless there's a clause to say you must re-check every day in case the conditions change?

 

[island]

The ticket shows when it was printed. It was purchased face to face at a station, so no box-ticking.

Thanks for the advice on taking a print of the restrictions; have done so.

 

[barrykas]

I would suggest that, as you purchased the ticket more than four weeks before the fares change date, the restrictions from NFM13 would still apply as the ticket was purchased on that basis.

I would also guess, however, that nobody's "had their day in court" to prove it one way or another!

 

[yorkie]

I would expect Chiltern to show discretion...

I would expect Chiltern to honour the contract.

People buying the ticket after the changes may be shown discretion, but that's a different matter IMO.

 

[DaveNewcastle]

I would suggest that, as you purchased the ticket more than four weeks before the fares change date, the restrictions from NFM13 would still apply as the ticket was purchased on that basis.

I would also guess, however, that nobody's "had their day in court" to prove it one way or another!

That is my interpretaion, too.

I would say that very many people have brought adequately comparable disputes involving a change of Conditions between contract/purchase and fulfillment/benefit; maybe not on the Railways, but we must look to Contract Case Law for our authorities.
I regret that I have not had the time today to look for relevant authorities to cite, but I am optomistic that they would support barrykas' interpretaion. i.e. the Terms which apply are those which were agreed at the time of forming the Contract unless the variation is expressly agreed.

 

[Biggus Tiggus]

If it was me, I'd be inclined to try and get to Marylebone a little earlier than planned and double check at the Information Desk or Ticket Office. Can't see it being an issue though, as surely someone will have spotted the potential problem.

 

[yorkie]

If it was me, I'd be inclined to try and get to Marylebone a little earlier than planned and double check at the Information Desk or Ticket Office. Can't see it being an issue though, as surely someone will have spotted the potential problem.

Yes, good point. There may be a ticket clerk there who may be familiar with these tickets and the changes in conditions who may be able to endorse travel so that the gateline staff don't give any hassle to the customer.

 

[Ferret]

Yes, good point. There may be a ticket clerk there who may be familiar with these tickets and the changes in conditions who may be able to endorse travel so that the gateline staff don't give any hassle to the customer.

I've had retail briefs before reminding us that those who bought tickets before date xyz should be allowed to travel as the restriction was not in force when they booked the tickets. I'd expect the same logic to apply here.

 

[barrykas]

I've had retail briefs before reminding us that those who bought tickets before date xyz should be allowed to travel as the restriction was not in force when they booked the tickets. I'd expect the same logic to apply here.

But as everyone knows, logic and the railway don't necessarily go together

 

[Ferret]

But as everyone knows, logic and the railway don't necessarily go together

I'm of the opinion though that this is rather basic contract law...and that any attempt to force the passenger to pay more in such a scenario will be doomed to failure.

 

[island]

Or at worst, I suspect, will result in a refund, apology, and potentially some extra RTVs.