Consumer Rights Act travel amendments

From 01 October 2016 you can claim compensation for certain types of poor service on almost all transport services, including mainline passenger rail services, coaches and ferry journeys.

Supplying a travel service

When you pay to travel by train, coach or ferry you’re considered to have purchased a service. The Consumer Rights Act provides obligations on those providing the service.

  • The provider must perform the service with reasonable care and skill.
  • Information which is said or written is binding if you’ve relied on it.
  • If the price is not agreed beforehand, the service must be provided for a reasonable price.
  • Unless a particular timescale for performing the service is set out or agreed, the service must be carried out in a reasonable time.

Depending on how severe the failing is, you can claim back up to 100% of the price you paid.

Flight rights

Different international rules apply when flights are in the air. Use our guides on flight delay compensation and flight cancellation compensation to make a flight related claim.

What can I claim for?

If you’re paying to travel by train, coach or ferry you’re purchasing a service, and it must be provided with reasonable care and skill.

In practice this could mean that you can claim a full or partial refund for things like delays, where these are caused by something the service provider has done.

You can claim a refund of up to 100% of the price paid. But, for example if a delay was short, or short in relation to the overall journey time, you may only be able to claim a partial refund.

Other travel delay compensation schemes

You can use our guides to find out more about other delays and cancellation compensation schemes:

If you claim a refund under the Consumer Rights Act it may mean you can't receive compensation from other schemes, as there’s generally a rule that you can't be compensated twice for the same thing. But you’re still free to start both claims.

What is a poor travel service?

If you feel the service you’ve received falls way below the standard you’d expect, you might be entitled to claim a full or partial refund in the following circumstances:

  • A severely overcrowded train because too few carriages are available
  • A service that’s delayed for less than the time limit that applies under other compensation schemes
  • Unavailability of a particular seat, where you’ve paid for a specified seat or a seat in a certain coach or carriage (such as first class)
  • A consistently late running service if you have bought a season ticket
  • Failure to provide access to a toilet on longer journeys
  • Failure to provide food on a train journey if it was part of the described service
  • The Wi-Fi service you paid for does not work

You’ll need evidence to prove your claim, and be prepared to argue your case.

Claiming for consequential loss

Under the Consumer Rights Act you can claim for consequential losses. This means you can claim for financial losses you have suffered as a result of the failure by the transport service.

To make a successful claim you’ll need to demonstrate how your losses are linked to a breach of contract by the service provider.

Your first port of call should be to write to the company asking for compensation. You should explain how their service was in breach of their contract with you and how that breach resulted in further losses to you.

For example, due to a delay or cancellation you may have missed a connecting journey and had to pay for an alternative service.

It’s a good idea to seek out legal advice if your claim is particularly high value or complicated.

Use our free tool to claim

Make your claim

In most cases you'll need to send your claim to the company providing the service, even if you used an intermediary to buy the tickets. 

If the journey you booked was part of a package that included travel and accommodation together, you'll have additional protection from the Package Travel Regulations.

If your claim is unsuccessful you should seek legal advice before taking court action.

  

What if my claim's ignored?

Rail complaints

As things stand, if an agreement can’t be reached when you complain to your travel provider you will probably need to go to court to enforce your rights under the Consumer Rights Act. 

You may find that simply threatening to go to court will prompt the train company to take action and deal with your complaint.

Which? doesn't believe this is fair on rail passengers and we’re calling for a statutory backed ombudsman to deal with rail passenger complaints without the hassle or expense of going to court.

Coach and bus complaints

If you need to escalate a bus or scheduled coach journey complaint who you contact will depend on where the service was operating.

Ferry complaints

If the ferry company doesn't respond or you're unable to resolve your complaint, you can contact the Association of British Travel Agents (Abta) which is the official complaint handling body.

Make a Section 75 claim

You can also enforce your rights using Section 75 of the Consumer Credit Act.

If you spend more than £100 and less than £30,000 on your credit card for goods or a service, your card company is jointly liable if something goes wrong. 

You can make a Section 75 claim at any time if your travel service hasn’t been provided with reasonable care and skill. But be aware that your card company may refute your claim, so be prepared to argue your case. 

Getting your refund

If you are successful in claiming a refund, or damages for consequential loss, this must be paid within 14 days and in the same form you paid for the service. So if you paid in cash, you should be refunded in cash – not vouchers.

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