XC Strike refund/travel rights

[brick60000]

Hi all,

An interesting scenario relating to CrossCountrys strike day next Monday, 25th August.

My friend has booked an advance ticket to travel on a XC service from Plymouth-New Street on one of only two services running that day. They’re understandably concerned that they may be unable to board, or that the service may be subject to late notice disruption.

XC's official line is that for tickets booked through them directly, they will issue a full refund with no admin fee. However, for bookings through third party retailers, that must be processed by the third party (in this case, Virgin).

Virgin won't refund without an admin fee because the train isn’t running. CrossCountry won't help because it isn't their ticket. But CrossCountry have also said that they have no obligation to get my friend to their destination on the day due to the 'do not travel' message they have issued.

Am I correct in thinking that either:

• If a Do Not Travel has been/is issued, they’re entitled to a fee free refund.
• If it isn’t, the operator is still obligated to get them to their destination.

Thank you in advance!

 

[Adam Williams]

My view is that if there is a Do Not Travel which affects a booked service, then the retailer should be offering fee-free refunds if passengers choose to abandon their journey - regardless of what is in the Timetable data CIF/Darwin.

 

[Mike395]

I agree with @Adam Williams - Virgin Trains Ticketing should be issuing a full refund here.

 

[Starmill]

My view is that if there is a Do Not Travel which affects a booked service, then the retailer should be offering fee-free refunds if passengers choose to abandon their journey - regardless of what is in the Timetable data CIF/Darwin.

I agree. No other interpretation of the phrase "do not travel" can possibly be logical. The train could run perfectly to time with no changes to the schedule since the booking was paid for, but the refund would still be due as if it never ran.

 

[Watershed]

Hi all,

An interesting scenario relating to CrossCountrys strike day next Monday, 25th August.

My friend has booked an advance ticket to travel on a XC service from Plymouth-New Street on one of only two services running that day. They’re understandably concerned that they may be unable to board, or that the service may be subject to late notice disruption.

XC's official line is that for tickets booked through them directly, they will issue a full refund with no admin fee. However, for bookings through third party retailers, that must be processed by the third party (in this case, Virgin).

Virgin won't refund without an admin fee because the train isn’t running. CrossCountry won't help because it isn't their ticket. But CrossCountry have also said that they have no obligation to get my friend to their destination on the day due to the 'do not travel' message they have issued.

Am I correct in thinking that either:

• If a Do Not Travel has been/is issued, they’re entitled to a fee free refund.
• If it isn’t, the operator is still obligated to get them to their destination.

Thank you in advance!

Regardless of whether "Do Not Travel" advice has been issued, it does not change XC's contractual obligation to get you to your destination that day.

There is nothing in the NRCoT that even tries to exclude liability in such cases - and if there were, there is every chance it would be held to constitute an unfair term (and thus not enforceable) given the context of it being a consumer contract.

If your friend is unable to board their booked service due to overcrowding and there are no later XC services, both XC and any other TOC in a position to help are obliged to help them reach their destination under condition 28.2 of the NRCoT.

That could involve alternative transport like a taxi, or in the case of other TOCs that are running services which help get him in the right direction, accepting his XC only ticket on their trains.