does the purchaseof a rail ticket constitute a contract?

starlitegaize

Hi, on behalf of my neighbour, who is a disabled pensioner, a question:
She booked a ticket through Scotrail telesales and, at the same time, informed the operator that her Senior Railcard was out of date. She was still issued with a ticket to travel.
On arriving at the train, the Scotrail member of staff refused to let her on the train (at 9pm, with a dog, and three suitcases, so we're not talking a £15.00 fare, here). He told her that the ticket was invalid and that she would have to buy a new ticket, but "would be able to get a refund":mad: (would have been nicer if he'd just said, "go on, pop back and get your Senior Railcard renewed. I'll look after your bags for the time being.")
My question is - despite the railcard being out of date, doesn't the issuing of the ticket constitute a contract to travel between the issuer and the customer?

System

No because holding a valid senior pass is one of the terms of the contract.

arcon5

Yes it does constitute a contract - but it would seem the contract incorporates a term whereby you must be the holder of a valid rail card.

peachyprice

She breached the contract herself by not having a valid senoir railcard to support the reduced fare ticket. This is what she agreed to when the bought the railcard:

You must carry your Railcard with you on your journey and when asked by rail staff, you must show a valid ticket and valid Railcard. If you fail to do so, you will be required to pay the full price Standard or First Class Single fare as appropriate for your journey as if no ticket was purchased before starting the journey and in some cases a Penalty Fare.

http://www.senior-railcard.co.uk/using-your-card/railcard-terms-conditions/


I have to ask, if she knew the railcard had expired why didn't she renew it in the time between buying the ticket through telesales and the time of travel?

starlitegaize

She just forgot to renew it, as it had been a pretty tough time while up in Scotland - don't the operators have a care of duty to inform the purchaser of the tickets that they cannot proceed with the purchase on the phone, without a valid card. She could have quite easily shown a driving licence, a disability card etc....

System

It doesn't matter at time of purchase. It only matters at time of travel. You can purchase a ticket 12 weeks in advance. There is no point having a valid card for that 12 weeks if they aren't going to use it.

It's annoying for your friend but its really only her own fault.

Caz3121

starlitegaize wrote: »

She just forgot to renew it, as it had been a pretty tough time while up in Scotland - don't the operators have a care of duty to inform the purchaser of the tickets that they cannot proceed with the purchase on the phone, without a valid card. She could have quite easily shown a driving licence, a disability card etc....

Whilst showing other id may have proved she met the criteria to purchase a railcard, she still needs to purchase the railcard to accompany the ticket
I have purchased tickets to accompany a family railcard before I purchased the railcard however I knew that the ticket would be invalid without buying the family railcard

giraffe69

She just forgot to renew it, as it had been a pretty tough time while up in Scotland - don't the operators have a care of duty to inform the purchaser of the tickets that they cannot proceed with the purchase on the phone, without a valid card. She could have quite easily shown a driving licence, a disability card etc....

So she bought a ticket with no valid senior railcard and still after this did not renew it? No the sellers do not have a duty of care. I buy rail tickets online and tick the senior railcard box to get a discount. It isn't the job of the seller to check the validity but the buyer to carry a valid card.
As for showing a driving licence or disability card what does that have to do with the price of fish? A senior railcard costs something like £27 per annum or £65 for 3 years. Perhaps we could all give up paying and show a driving licence instead?

peachyprice

starlitegaize wrote: »

She just forgot to renew it

Buying a ticket at a reduced rate for railcard holders and telling the telesales person it had expired didn't jog her memory that she needed to renew it before her journey?

She attempted to travel knowing full well that she was not entitled to the discount, the member of staff was correct in not allowing her to travel as per the T&C's of the railcard.

wealdroam

starlitegaize wrote: »

- don't the operators have a care of duty to inform the purchaser of the tickets that they cannot proceed with the purchase on the phone, without a valid card.

But they can proceed with the purchase on the phone... whether they have an applicable railcard at that time or not.

As others have said, there is no requirement to have a valid railcard at the time of purchase.
A valid railcard is only needed at the time of travel.

shaun_from_Africa

My question is - despite the railcard being out of date, doesn't the issuing of the ticket constitute a contract to travel between the issuer and the customer?

I could quite legally buy an airline ticket for a flight to the USA if I don't have a valid passport, visa or ESTA at the time of purchase, but unless I have the required doc's on the date of the flight, I won't be going anywhere.