WARNING re TRAIN GENIUS

KeithP

You also need to be aware that the seller is responsible for the tickets until they are delivered to the buyer.

If their agent, Royal Mail, fails to deliver the stuff, that is the seller's problem.

Section 29 of The Consumer Rights Act 2015 spells it out:

29 Passing of risk

(1) A sales contract is to be treated as including the following provisions as terms.
(2) The goods remain at the trader's risk until they come into the physical possession of—
(a) the consumer, or
(b) a person identified by the consumer to take possession of the goods.

In summary, that means that the seller need to either refund your money or supply replacement tickets.

Note that TrainGenius's T&Cs do include the term:

We shall not be liable to you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was due to any cause beyond our reasonable control. If we fail to deliver your ticket in sufficient time before your departure and such failure was within our control or we have been negligent, then you should contact us. Any reimbursement will be limited to the cost of the replacement ticket.

But remember that a company's terms cannot over-rule a consumer's statutory rights.

No doubt TG would say that RM's failure is 'beyond our reasonable control', but S29 of the CRA trumps that.

KeithP

James000 wrote: »

Keith, there is definitely a link entitled "Receiving your train tickets" on the email I received from Train Genius. It goes to a Travel Supermarket page.......

It won't allow me to post the link on here.

Post the link but change http to hxxp.

DCFC79

James000 wrote: »

Hi Keith,

To be honest, I don't often travel by train and just Googled "buy train tickets online" from a convenience point of view, in that it saved me a journey to my nearest staffed train station (22 mile round trip).

Lessons learned and all that.

When I clicked on their website to get a phone number, I was redirected to a website with a Travelsupermarket banner at the side. I now note that the actual call centre is run by a company called "Journeycall". It's all a bit confusing really.

Not sure how you came across train genius, if you google what you say you searched for the first ad is thetrainline then national rail.

James000

From the Travelsupermarket website, it would appear Travelsupermarket are in some way partnered with TrainGenius......they use them to supply train tickets, 100%.

James000

I'm not sure if that is EXACTLY what I typed into the Google search engine DCFC......it was 8 days ago. It would have been terminology along those lines......

James000

I don't want to break any forum rules, but here goes. From the link I click on the email sent to me by TrainGenius, which redirects me to TravelSupermarket:

*Saving based on cheapest available one way Standard Class Advance ticket, sourced from xxx.TrainGenius.com on Friday 9th June 2017 for travel on Friday 1st September 2017, compared with buying at the station on the day of travel. Advance tickets are quota controlled and are not available on every route.

**Fares sourced from xxx.TrainGenius.com on Friday 9th June 2017 for travel on Friday 1st September 2017. Prices and savings based on cheapest available one way First Class Advance ticket, compared with buying at the station on the day of travel. Advance tickets are quota controlled and are not available on every route. Advance tickets must be booked before 18:00 on the day before travel - we recommend booking as early as possible to obtain the best prices.
Fares sourced from xxx.eurostar.com. Prices based on cheapest available one way Standard Non-flexible tickets sourced on 3rd May 2016, travelling on Saturday 23rd July 2016. We recommend booking as early as possible to obtain the best prices

James000

I've read post No.12 with great interest Keith - thanks very much for your help.

I'm loathe to phone them again tomorrow, I fear I'd be wasting my time. Perhaps it might be best sending a letter by Special Delivery, quoting the terms you have provided.

James000

xyz.travelsupermarket.com/c/train-tickets/

Enter the link above into your browser, substituting "xyz" with "www" and go to the very bottom of the page it subsequently opens. You'll see that Travelsupermarket do indeed use Traingenius for tickets......

KeithP

James000 wrote: »

I've read post No.12 with great interest Keith - thanks very much for your help.

Read my latest edit to post #12.

KeithP

James000 wrote: »

I'm loathe to phone them again tomorrow, I fear I'd be wasting my time. Perhaps it might be best sending a letter by Special Delivery, quoting the terms you have provided.

I wouldn't waste money on SD, but you do need to transfer the 'discussion' to paper, or at least email.

RM's Signed For service would imho be good enough.