Companies who claim no responsibility for items lost in post

Marty06

Hi - I was just going to buy a season ticket from First Bus company, but under the option for 'First Class Post' they say 'We cannot be responsible for delays or tickets lost in the post.' Website is here.

Googling, I've seen several other companies say this.

Now, if by that they mean that if you were relying on the ticket to arrive by Monday in order to catch a bus, and it got delayed or lost, then you can't claim against them for the cost of the extra journeys, then that seems reasonable (they offer an expedited delivery service at extra cost for this reason, or you can pick it up in person).

But if they mean that if it gets lost in the post, they won't refund or replace it (which is how I initially read 'not responsible'), then I think this contravenes the Distance Selling Regulations, doesn't it? They would be legally liable to make sure I got the item I'd paid for wouldn't they? I am going to clarify with them, but just wanted to run by my thinking here first.

Freddie_Snowbits

No, it means that they cannot rely on the Post Office to deliver.

Amd as it is a servce, I think DSR does not apply. Still, they give you the option to pick it up at the Bis Station, that is how I used to do mine, once every 4 weeks on friday Lunchtime

kalaika

I don't think train tickets are covered by the DSR.

ETA - crossposted with Freddie

Marty06

So there is no protection for consumers if a company sends something by post and it goes missing?

In my understanding, the contract is always between the company and the postal company. Otherwise what proof do I have that the company has even posted the ticket?

Marty06

Also, this is a seaon ticket, whereas I think the DSR excludes tickets booked for travel on a specific date? I also saw this provision on a railcard site: again this is not a ticket for a specific date?

Even if DSR doesn't apply, is there still not a legal obligation on the company to provide the service that I have paid for?

Marty06

So, as no-one else has posted, is everyone happy that if a company posts you a ticket and it gets lost in the mail, you'd have to buy another one and have absolutely no legal right to ask the company to re-send it?

I can't really believe this is true. OK, so DSR might not apply with regards to right to return etc in terms of a specific ticket. But surely there is some legal protection for the customer?

You might say - well you need to pay for special delivery to get this protection.

But actually in law, haven't I paid the company to deliver the product? i.e. I've opted for first class Royal Mail delivery which I expect the company is charging for in the actual price of the item (and some companies charge for this as an itemized element of the bill). And the company then uses this money to pay to enter into a contract with Royal Mail to deliver the item.

If there is no protection for a customer, then what is stop a disreptuable company not sending a ticket, then claiming it had been lost in the post?

What if you reversed the scenario and a customer paid for an item by cheque, posted it and then when it didn't turn up said to the company : 'Sorry - I can't take responsibility for a cheque lost in the post, you've lost your money, but I'll keep the product anyway'. That would never wash, so surely it can't be true the other way round?!

Can anyone point to the legal basis of this, though, if a company refused to play ball?

pinkshoes

A company need to PROVE that something arrived, rather than you proving it didn't, so if they wouldn't send a replacement or give you a refund, you could take them to court.

I thought tickets had to be sent special delivery anyway, as otherwise they're not covered for loss by the Royal Mail.

Optimist

It is the companies responsibility to get the tickets to you if it doesn't arrive and they refuse to resend or indeed responsibility for it,.then it would be a letter giving them 14 days to refund/resend or you take them to small claims.

I would be very surprised if they defended and if they did would be even more surprised if the judge didn't find that it was a unfair term and award you the case.