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TOC Refusing (Part) Refund on Multi-Day Rover Unused for 1 Day Due to Major Disruption

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mikeb42

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19 Jan 2015
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First, apologies that this has been covered before - I recall seeing something but can't now find it.

Neither the Railuk Fares & Ticketing Guide nor the National Rail Conditions of Travel (NRCoT) provide a clear answer that I could find.

The facts boil down to:

i) I held a multi-day rover valid solely on the TOC in question, bought from them.
ii) On one of the days of validity there was major disruption (120+ minute delays on all trains relevant to my intended journey)
iii) As a result it was necessary to abandon at origin and travel by road instead at my own expense.
iv) Hence no use at all was made of the ticket in question on that day.

I applied via the TOC's refund portal. Delay repay is not technically appropriate. That said, from past experience of using the same ticket and experiencing major delays when actually travelling, I'd have got compensation to the value of 1 day's worth of the ticket if I'd just filled in a Delay Repay form with the details of the first train I intended to use but actually didn't. I didn't do that as it involves misrepresenting what actually happened and I don't fancy some officious pedant accusing me of fraud.

They have declined any form of repayment citing "Ticket has been used". Might as well have said "The sea is wet" as an explanation for all the use that is.

My usual policy when this sort of thing happens is to quote bullet points from the NRCoT at them with an implied "?????". However, nothing seems to be written down anywhere.

Can anyone help with how to rebuff this with something legal/contractual to beat them up with?
 
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CyrusWuff

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Having raised a similar query with Rail Delivery Group about this in the past (though it was regarding Industrial Action) the response I got was:
  • Consecutive Rovers (e.g. All Line, Heart of England 7 Day, etc) are non-refundable after the start date, as you could make use of the value of the ticket on other days.

    Delay Repay is available, however, calculated at 50% of the Anytime Day Return fare for the journey. This is capped at 1/n, where n is the notional number of Single journeys the ticket is valid for (14 for a 7 day Rover, 28 for a 14 day Rover, etc.)
  • For Flexi-Rovers (e.g. Coast & Peaks 4 in 8, Heart of England 3 in 7, etc) a partial refund is only available where a box has been dated for travel on the relevant day.

    Again, Delay Repay is still available, capped in the same way as for a consecutive Rover. (So a 3 in 7 ticket would be treated as valid for 6 Single journeys, a 4 in 8 for 8, an 8 in 15 for 16, etc.)
 

Watershed

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The above of course reflects the industry position, which doesn't seem to take any account of the Consumer Rights Act. That Act would likely give rise to an entitlement to a price reduction - commensurate with a pro-rata refund for the day's travel.
 
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