Train firms ‘misleading’ passengers about right to claim for cabs and hotels

TRAIN operators are misleading passengers about their right to claim for taxis and hotels when their journeys are delayed, a consumer watchdog has warned.

Many rail companies, including Southern, Arriva, South Western and Cross Country, claim they are not liable for extra costs, despite a change in the law in 2016 which said they are.

Which?, the consumer group, said train companies that continued to refuse to pay for extra costs should be forced to do so by the Government or the regulator. The companies will now have to change their terms and conditions to reflect the 2016 guidelines.

Alex Hayman, Which? managing director of public markets, said: “Train companies can now no longer hide behind misleading terms to avoid paying passengers. They need to go further and proactively inform passengers about their compensation rights. If they fail to uphold these rights, they should be held to account by the Government and the regulator.”

Which? accused rail firms of giving incorrect advice: it believes passengers may be able to use the Consumer Rights Act (CRA) to recoup costs such as taxi fares and hotel bookings.

Mr Hayman added: “For over a year, train companies have been misleading passengers about their rights to claim for out-of-pocket expenses when they have failed to deliver a good service.”

The group gave examples of companies telling passengers they could not claim back money spent on taxis when services were cancelled or delayed.

In one Twitter post, Great Western Rail told a customer: “Under the National Rail Conditions of travel we are not liable for consequential loss as a result of a delayed train.” Cross Country Trains told another passenger: “We wouldn’t cover consequential loss (eg taxi fares) as a result of a train delay.”

Meanwhile, the customer services team at Southern Rail told someone: “The cancellation was due to a train fault. We don’t compensate for consequential loss, I’m afraid.”

All the messages were posted in 2017, after the changes were brought in.

Rail passengers are advised to claim compensation after disruption through the delay repay scheme.

The Rail Delivery Group, representing train companies, said anyone claiming additional consequential losses through the CRA would have to pass a “very high legal hurdle” by proving a train service was not provided with reasonable skill and care.

It said: “Train companies are sorry whenever journeys are disrupted and we have been happy to work with the Government and the regulator to make clearer our customers’ rights.

“Nevertheless, it is important for our customers to understand that it is very unlikely they will be entitled to compensation for additional losses.”

The Office of Rail and Road, the rail regulator, said the conditions of travel update was a “welcome clarification”.