Consumer Rights Act (CRA)
Where a TRAIN COMPANY has provided a service without reasonable care and skill, and it was their fault, the Consumer Rights Act (CRA) provides you with another way to claim for compensation (which will usually be money).
The compensation you get under the CRA could be more than the price of the ticket, but you have to prove it was the TRAIN COMPANY's fault. The CRA does not apply if delays or problems are caused by external events that are not within the TRAIN COMPANY's control, or were caused by a third party.
When does the CRA apply?
If you are travelling as a consumer, the CRA provides you with certain rights and remedies where a TRAIN COMPANY is at fault, including the right to a price reduction (i.e. money back) where a service has not been carried out with reasonable care and skill. The relevant part of the CRA has applied to rail passenger services since 1 October 2016. For more information about making a claim under the CRA, see https://www.gov.uk/consumer-protection-rights . The CRA does not apply if delays or problems are caused by external events that are not within the TRAIN COMPANY's control, or were caused by a third party. Examples of events outside the TRAIN COMPANY'S control include animals straying onto the line, or bad weather.
Can I claim for more than the price of the ticket?
Under the National Rail Conditions of Travel, and the Passenger's Charter, only in exceptional circumstances will a TRAIN COMPANY consider claims beyond the price of your ticket. A TRAIN COMPANY is not obliged under its contract to compensate you, but you may have a claim against the TRAIN COMPANY under the CRA. Examples of exceptional circumstances that a TRAIN COMPANY may consider are: If you have purchased and are using a valid ticket and are unable to complete your journey due to disruption, for example if you missed your connection due to a delayed train: TRAIN COMPANIES will, where it reasonably can, provide you with alternative means of travel to your destination, or if deemed necessary provide overnight accommodation or a taxi home for you. A train cancellation means you cannot make your last connection and you are stranded: If the TRAIN COMPANY is unable to make onward travel provisions, and you incur reasonable costs, the TRAIN COMPANY will consider these claims on a case-by-case basis. If you wish to ask the TRAIN COMPANY to consider repayment of reasonable costs you should contact the relevant TRAIN COMPANY directly.
How do I ask for compensation above the price of my ticket?
In exceptional circumstances a TRAIN COMPANY, at its discretion, may consider claims for other losses beyond the cost of your ticket. If you wish to ask the TRAIN COMPANY to consider making a discretionary payment, you should write in the first instance to the TRAIN COMPANY at the address which can be found at http://www.nationalrail.co.uk or by calling 0345 748 4950. Please note that this does not affect your statutory rights under the Consumer Rights Act (CRA). Please note: You cannot recover compensation for the same loss twice. If you recover money under the no-fault industry refund processes, you cannot claim the same amount under the CRA. But you can still make a claim under the CRA for any loss not recovered through the industry fund process.
What other remedies are there for a customer?
The TRAIN COMPANIES have rail industry refund processes that work in parallel with the CRA, details of which are set out in the National Rail Conditions of Travel. What you can claim for, and how much you can claim, is in the National Rail Conditions of Travel - you should also look at the TRAIN COMPANY's Passenger's Charter. If your train is delayed or cancelled, and you do not travel, you can claim for a full refund. If your train is delayed and you do travel, you may be entitled to compensation. The amount of compensation depends on the length of the delay and as agreed in the TRAIN COMPANIES Passenger Charter
