MSE News: Consequential loss clause to be removed

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A clause which aims to prevent passengers claiming consequential losses such as taxi and hotel costs from train firms is to be removed - but getting them to fork out for these expenses is unlikely to be easy...
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'Consequential loss clause to be removed from train firms' rules'
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  • martindow
    martindow Posts: 10,218 Forumite
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    I suspect it will come down to reasonableness and how much you are trying to claim compared to the journey taken. Rail companies are going to be be reluctant to pay out if you haven't initially asked them to help.

    Some people's reaction seems to be to jump into a taxi and then expect someone else to pay. Remember the people travelling from Spain to Calais in taxis during the ash cloud time ...
  • HornetSaver
    HornetSaver Posts: 3,732 Forumite
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    The protections for these two things should be different IMO.

    Unexpectedly requiring somewhere to sleep as a direct result of a delay causing you to miss a connection is a pretty major inconvenience, and should therefore afford pretty robust protection.

    While I'm not going as far as to say that a taxi should be at one's own risk, there should be a degree of hoops to jump through to demonstrate why you would not have previously required a taxi but did as a result of the delay.
  • dekaspace
    dekaspace Posts: 5,705 Forumite
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    Well a few years back I remember I was supposed to get a train about 7pm which took 1 hour and once at destination was 10 minutes walk to bus stop, not counting the time from bus station to where I was staying, but the train was delayed then cancelled then a replacement taxi was put on, a 1 hour journey took around 4 hours because it had to stop at every point on the way! (was a fast train) meant I missed the last bus and a taxi at that time would of been £15-£20, but my fare was £14.

    Did get a taxi but company refused refund saying I could of walked it! (6 miles!)
  • martindow
    martindow Posts: 10,218 Forumite
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    dekaspace wrote: »
    Well a few years back I remember I was supposed to get a train about 7pm which took 1 hour and once at destination was 10 minutes walk to bus stop, not counting the time from bus station to where I was staying, but the train was delayed then cancelled then a replacement taxi was put on, a 1 hour journey took around 4 hours because it had to stop at every point on the way! (was a fast train) meant I missed the last bus and a taxi at that time would of been £15-£20, but my fare was £14.

    Did get a taxi but company refused refund saying I could of walked it! (6 miles!)
    I suppose this was correct as you had a ticket from one station to another - they provided a taxi which got you there and fulfilled their part of the deal. Possibly with this new system they would have paid out.
  • joncombe
    joncombe Posts: 320 Forumite
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    An interesting and potentially very welcome development. I've had a few cases where I've caught a train which should have connected with a bus at the other end but because a train was late I missed it. I presume you could claim for a taxi if that was the last bus (which has happened to me before).

    Not so sure in the case where there was a later bus but it was (say) 2 hours later. Would that be reasonable to take a taxi and try to claim it back?

    I had an occasion last year where I'd booked a rail journey many months earlier, but one of the rail operators was on strike. As there was only a very limited replacement bus which would add 3 hours to my journey and the advice was not to travel I opted to travel the previous evening, which the rail companies had specificallly allowed. But to do this I had to pay for an extra night in my hotel and I did ask them to refund this but got told they were not liable. I hope that will now change. I was epsecially annoyed as this was an Advance ticket, valid only on the specified trains, one of which now wasn't running. They had my email address from when booking the ticket but did not even bother to contact me to inform me of the strike.
  • dekaspace
    dekaspace Posts: 5,705 Forumite
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    martindow wrote: »
    I suppose this was correct as you had a ticket from one station to another - they provided a taxi which got you there and fulfilled their part of the deal. Possibly with this new system they would have paid out.

    Interesting as well was they refused to let someone share a taxi who had a open ticket they were only helping people who had a advance ticket (since their words were that the open ticket holder can go another day)

    The staff did say as a man asked at the original station that the company would pay for a night in hotel and/or taxi if we paid in advance, I couldn't afford a night in hotel and needed to be at the place I was meant to be staying by 8am next morning!
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