Train strikes, engineering works, delays and cancellations – your rights
View this post on Instagram
“I’ve bought a ticket for a train that has been cancelled. Can I get a full refund?”
Yes, in short. If you know that your train has been cancelled and you no longer wish to travel, contact the retailer of the ticket. This should be a full refund and not incur any fee.
“Can I travel at a different time/day?”
If you have bought an Advance, Off-peak or Anytime ticket and your train has been cancelled, you may be able to travel at a different time and/or a different route. This could possibly be with a different operator. You may also be able to use the ticket the day before the day of the strike and up to 2 days after the strike is over. You will need to contact the train company with which you are travelling for details of your options.
“I got a train but it was delayed. Can I get compensation?”
You can get compensation for delayed trains. Usually, you will be entitled to this if a train arrives more than 30 minutes late or on some providers it is 60 minutes.
Generally, if you are delayed between 30 and 59 minutes you will receive half the cost of the one way journey. (So, a quarter of the cost of a ticket if it was a return one). You will receive the whole cost (or half on a return ticket) for over 60 minutes and if over 120 minutes, the full costs of both legs of a return journey.
The National Rail Network website lists the links to each train operator’s Passenger Charter and provides the length of delay before compensation is due. However, at the point of publishing, not all of them are correct! For example, Gatwick Express is listed as needing to be 30 minutes late before compensation is due. However, click on the link and you will see that it is 15 minutes!
Check directly with the train operator.
“How do I claim for my delayed train?”
Sometimes this is an online form, providing details of your ticket and uploading a photograph or you can send the form by freepost. So do not give up your ticket at the barrier or let the any machine eat it!
“How will I receive my train compensation?”
It will usually be a refund via the payment method you used. But you can also choose a cheque, refund to your nominated credit or debit card or vouchers which you can use to buy another ticket. You may find that your train operator offers a free ticket anywhere on the network which they run and this could be worth more.
Check with your operator what is available.
“How long should it take to get a refund for my train ticket?”
Compensation should be paid within 14 days.
“How long have I got to claim?”
You have up to 28 days from the day of the journey to claim.
“How do I get a refund on my season ticket or flexi season ticket?”
When I looked at the website, contacted Customer Service and the Press Office over a week they were not consistent in the information being provided.
However, you will be given some compensation for the days that you were unable to travel.
In reality the proportional daily cost of a trip with the train company will be used. It will work out the average price of a journey. This will usually be based on the length of the season ticket and 10 journeys a week. Then it would apply the compensation percentage as per a single ticket.
Contact your train provider for details.
“A delay caused me to miss my connection. What can I do?”
Where possible train companies will try and put on a replacement bus service or taxi. If this is not possible (for example there were no available staff to help organise) you should keep your cost as low as possible and try to claim from the company. Retain the proof of purchase for any services used and contact the train company. Each claim is handled on a case-by-case basis.
“I bought my ticket through Trainline where do I go for my refund?”
You can use the Trainline app to claim for a full refund. If requesting compensation for the delay then this can only be processed by the train operator that you were travelling with. Trainline works as a platform so will be sending through to the train operator for you.
“I was affected by engineering works can I claim?”
There will be a new timetable put in place and usually this will be published with plenty of notice so any delays or cancellations will be based on this. If you bought your ticket before the revised timetable was published then contact the train company. If delays or cancellations run after the works are due to finish you can claim.
“The train didn’t stop at my station when it should have done! What can I do?”
This is rare, but sometimes a train will not stop at a station in order to catch up time. You can claim from the time between when you should have got off and when you get back to that station using another service.
If a train didn’t stop to pick you up you can claim compensation for the delay based on when your scheduled service was meant to arrive at your final destination until the time that you actually did arrive.
If your train doesn’t stop at your intended destination when you are onboard, base your compensation claim on the time between when you should have got off and when you get back to that station using another service.
“My journey was only ten minutes but it was late arriving can I claim?”
Under the delay repay scheme you may not be able to claim if you are only 25 minutes late but if the wait was disproportionate to the length of the journey, for example you waited 25 minutes for a 19 minute journey you should be able to claim under the Consumer Rights Act 2015 for not providing services with reasonable skill and care.
“I am choosing not to travel but not the train company is not at fault can I get a refund?”
Maybe an event to which you were travelling was cancelled so you didn’t want to travel. Or any reason! So long as it wasn’t an Advance ticket you should be able to get a refund minus an admin fee. The maximum admin fee that the companies can charge is £10.
Most train operators allow you to change the time or date of an Advance ticket before departure, typically for a £10 administration fee, plus any fare difference. However, policies can vary between operators and some charge a smaller fee.
You can claim from third party companies like Trainline but you won’t get the booking fee back.
“I am not happy with the response from the travel company what can I do?”
If you are not satisfied with the response or have not had a reply within 40 days of your complaint you can take the matter to the Rail Ombudsman.
“My train company told me that the delay was weather related so I am not entitled to compensation is that right?”
If this does happen tell them they are wrong! In September 2013, The Court of Justice of the European Union ruled that rail passengers are entitled to a partial refund of the price of their train ticket even in these circumstances.
@thecomplainingcow Forgot to say, you also can claim if you’ve got a season ticket and you will get a proportion back Easy to climb, don’t online or a form. #Trains#TrainDelay#delays#Rail#railtravel
“I was due to travel with Eurostar but it has been delayed what are my rights?”
Things are a little different here. If you are delayed by more than an hour you entitled to meals and refreshments appropriate to the delay. If the delay is overnight then you’re entitled to hotel accommodation and transport to and from the hotel if possible.
If the train breaks down whilst on the track you should, where possible be given transport from the train to a station or your end destination.
You become entitled to compensation after one hour delay. You can apply for this online 2 hours after arriving at your destination.
The amount you are compensated depends on the length of delay and whether you take as an evoucher or cash.
If your journey has been announced delayed before departure by more than 6o minutes, you can reschedule your trip for another date or swap your ticket for an e-voucher, which you can use to rebook later in the year or claim a cash refund.
“My Eurostar has been cancelled what are my rights?”
If your journey has been announced as cancelled before departure by more than 6o minutes, you can reschedule your trip for another date or swap your ticket for an e-voucher, which you can use to rebook later in the year or claim a cash refund. Details of Eurostar rights.
If your train is cancelled or it looks like you’ll be delayed by more than an hour, you can exchange your ticket free of charge or request a refund.
Eurostar is also a member of the Rail Ombudsman.
View this post on Instagram
“Can I claim for consequential losses?”
This is an interesting question and the answer is not clear cut. Trains are covered by the Consumer Rights Act 2015 (CRA) but strike action is often cited as being outside of the service provider’s control.
According to the Rail Ombudsman CEO and Chief Ombudsman, Kevin Grix, when applying the CRA to a possible service failure it can also be helpful to ascertain what reasonable steps a consumer could have taken to reduce the impact of additional expenses, such as hotel/taxi costs etc.
He says, “The Rail Ombudsman looks at each case on its own merits to evaluate the impact on an individual consumer. So if you have incurred costs associated with the train travel that can’t be recovered, you can request payment from the provider.” If it does not give it to you, take the matter to the Rail Ombudsman which is free to do.
The Rail Ombudsman will look at the ticket-type in terms of flexibility, any amendments to the timetable and how these are specifically communicated. It will also look at any more general information, for example in the media. Grix warns however that “in this instance the information has been widely covered in the media and so quite widespread. So remember your own obligations to mitigate your own losses and make contingencies.”
Update on Rail Ombudsman rulings and stance see Case Studies.
Helen Dewdney Morning Live 01/09/22
Covering your rights regarding train strikes.
Morning Live Rail Strikes
Taking questions regarding the strikes on Jeremy Vine Show on Channel 5 07/10/22
Train strikes your rights Jeremy Vine Channel 5
I regularly comment in the media on travel disruption and consumer rights. See Consumer Rights Expert & Media Commentator
Further help with complaining to gain refunds, redress and results
And for everything else to complain about effectively GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!
Want to get better at complaining? See 101 Habits of an Effective Complainer.
Save yourself time and effort finding the laws and wording a letter of complaint. Download a template, fill in your details and get that redress
Purchase downloadable templates to gain redress.
All you need to know about your consumer rights and travel for more on all travel sectors.
