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TrainPal - MSE newsletter - No route to enforce consumer rights
I saw the offer in the MSE weekly newsletter about a "£5 off" offer when buying rail tickets from TrainPal but I was astonished to read, in their terms and conditions, that Hong Kong law applies to any disputes (see term 15.1 in the terms and conditions) and, on doing some research, found that although an office address is given for them in Edinburgh, they are not registered or based in the UK so no UK consumer rights can be enforced.
I'm therefore really surprised at MSE for including them. Avoid, and stick with redspottedhanky or similar!
Comments
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TrainPal is registered in the Netherlands and other parts of the terms and conditions say that the law of the Netherlands applies, but doesn't override the law where you are based.
(They are primarily a Europe train booking company)
Contracts in the UK seems to be formed with Trip.com who are registered in London.
(It's odd that they mention Hong Kong as the parent company is based on Shanghai not Hong Kong)
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The problem is that there's no enforceable contract with anyone but TrainPal BV, which in turn is only enforceable in Hong Kong... so if there's any dispute, UK customers are stuffed with nowhere to go.
The only way of avoiding that situation is not to be a customer in the first place, hence my warning.
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If you read past the bit about Hong Kong it also mentions Netherlands and local law.
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