Rail firms fail to spell out rights on compensation

TRAIN firms are still failing to tell passengers about new compensation rights, as rail watchdogs and MPs threaten to investigate over claims they may be breaking consumer law.

On October 1, the Consumer Rights Act was extended to cover the rail industry, allowing passengers to claim back money for issues other than delays, such as overcrowding, dirty lavatories and expenses incurred from delays.

However a Daily Telegraph investigation conducted a day after the change found that three quarters of train firms had not updated their websites with details of how passengers could claim refunds.

At the time, Paul Maynard, the rail minister, urged rail companies to make sure their websites were updated to reflect the latest change in the law.

Today, a study by consumer body Which? reveals that, five months later, there has been virtually no improvement. Which? found 17 out of 24 firms, including Virgin, Transport for London and Southern, are still failing to tell customers clearly about their new compensation rights.

Its researchers found that although many train companies included references to consumers’ legal rights on compensation, they failed to make it clear that this applied to new rights covered by the Consumer Rights Act.

Under the Act they are now entitled to claim for consequential losses that result from a delayed or cancelled train, such as reasonable costs for missed flights, taxi fares, or child-minding fees.

According to Which?, by failing to advertise these rights on their homepages train companies are potentially “breaking the law” as they could mislead passengers into thinking they cannot make a claim.

Louise Ellman MP, chairman of the transport committee, said it was “shameful” that rail firms had not improved after so long, and she condemned rail regulators for not dealing with the problem sooner.

She said: “We shouldn’t have reached this point. The rail regulator should be dealing with this. Train operating companies should provide passengers with all the information on their website on what they are entitled to and how they should go about claiming it.”

A spokesman for the Office for Road and Rail, which regulates train operators, said: “We are aware of Which?’s concerns and have been working with the industry to improve the way in which train companies provide information to passengers about their rights and will continue to do so.”