National Conditions Continued
35. Season Ticket or photocard unavailable for inspection
If you do not show a Season Ticket, or any photocard required with a Season Ticket, when asked by staff or agents of a Train Company, you will be treated as having joined a train without a ticket and the relevant parts of Condition 2 or 4 will apply.
If, subsequently, you present at the office where the Season Ticket was issued:
(a) the Season Ticket; 12
(b) the photocard, if required; and
(c) the additional tickets you have purchased or any Penalty Fares Notices,
The relevant Train Company (TOC) may, at its discretion, refund any fares paid in accordance with Condition 2 or 4 less a reasonable administration charge (not exceeding £10). No more than two such claims will be considered in any 12 month period regardless of the number of Season Tickets purchased in that time.
36. Season Ticket refunds
If you decide not to use or to stop using a Season Ticket, a refund will only be made if the Season Ticket is returned to the ticket office from which it was bought. However, to qualify for a refund (in the case of a Season Ticket valid for a month or more when issued) there must be at least seven days’ validity remaining or, in the case of any other Season Ticket, at least three days’ validity remaining.
Refunds are calculated from the date the Season Ticket is returned. If you were ill and, consequently, unable to hand the ticket in earlier, a refund will be calculated from the date your illness started, provided that a medical certificate or other evidence satisfactory to the Train Company (for example, a letter from your employer on headed notepaper may be sufficient) is produced, covering the period from the start of your illness until the ticket is handed in. The refund will be the difference, if any, between:
(a) the price paid for the Season Ticket; and
(b) the total cost of the combination of tickets that you would have needed to make one return journey a day up to the date the Season Ticket was handed in, less a reasonable administrative charge (not exceeding £10).
This means the amount you receive will not usually be pro rata to the price of the ticket and, in some cases, there may be no refund payable.
Refunds are not usually made on a duplicate ticket that has been issued to replace a lost or stolen Season Ticket. However, applications for such refunds will be considered:
(i) where the original Season Ticket or Smartcard containing a Season Ticket is returned to the Train Company which issued the duplicate ticket within one month of it being notified of the relevant loss; or
(ii) in circumstances such as the redundancy, pregnancy or prolonged illness of the holder, provided supporting evidence is supplied which is satisfactory to the Train Company asked to make the refund.
37. Changing one Season Ticket for another
If you hand in a Season Ticket which was valid for one month or more when issued and then buy another Season Ticket for a different journey, you will be entitled to a refund on the original ticket, calculated pro rata to the number of days of validity remaining on the date the ticket is handed in. However, the validity of the new ticket must start on the day after the original ticket is handed in and must be for a period that is at least as long as that of the original ticket when it was issued. You will not have to pay an administrative charge. If you hand in an Electronic Ticket, the new ticket may only be issued at a station which issues Electronic Tickets.
Although refunds are not usually made on duplicate tickets which have been issued to replace lost Season Tickets, applications for refunds for duplicate tickets will be considered under this Condition.
G. TRAIN ACCOMMODATION AND RESERVATIONS
38. Travelling in standard class accommodation with a first class ticket
If you have a first class ticket (or the equivalent) and the first class accommodation (or the equivalent) shown in the National Rail timetable is not available on any train you travel in, you may claim a refund of the difference in price between the first class and the standard class ticket for the relevant part of your journey.
39. Travelling in first class accommodation with a standard class ticket
If you have a standard class ticket (other than a Season Ticket), no standard class accommodation is available, and ticket staff on that train give their permission, then you may travel in first class accommodation (or the equivalent) where this is available without extra charge.
On-train ticket staff will not give you permission to use first class accommodation (or the equivalent) unless they are satisfied that it is not required by anyone with a first class ticket and the standard class accommodation on the train is full. This permission may be withdrawn if a person holding a first class ticket requires the accommodation during your journey or standard class accommodation becomes available.
If you have a standard class ticket and you travel in first class accommodation without permission (which includes occupying seats or standing in any part of the carriage), you will have to pay:
(i) the difference between the price of that ticket and the price of the first class ticket for the accommodation you have used; or
(ii) where Condition 4 (b) applies, a Penalty Fare.
If you have a standard class Season Ticket, you may only travel in first class accommodation (which includes occupying seats or standing in any part of the carriage) if:
(a) the difference between the full single fare for first class accommodation and the full single fare for standard class accommodation has been paid before your journey starts;
(b) any other relevant supplement set out in the notices and other publications of the Train Companies has been paid before your journey starts;
(c) notices are displayed allowing passengers with standard class tickets to use first class accommodation; or
(d) on-train ticket staff have given you permission.
In all other cases, if you travel in first class accommodation (or the equivalent) with a standard class Season Ticket, you will be treated as having joined the train without a valid ticket and the relevant parts of Condition 2 or 4 will apply.
40. Reserving seats
Seats in some trains can be reserved before you travel and you may have to pay a fee. Unless you have a seat reservation, the Train Companies do not guarantee to provide a seat for your journey. You must have a valid ticket for your journey before reserving a seat. This ticket allows you to reserve no more than one seat per person for each part of your journey.
41. Refund of reservation fees
If a seat reservation, sleeper reservation or cycle reservation is not honoured, the Train Company responsible will refund any reservation fee paid. If the Train Company is unable to provide alternative equivalent accommodation for you or your cycle, you will be compensated for the inconvenience. The value of the compensation will be no more than the price of the full single fare for the journey. If you are unable or have decided not to travel you will be entitled to claim a refund under Condition 26 for the relevant part of your journey.
To be eligible to receive this compensation you must make a claim to one of the Train Companies’ ticket offices within 28 days of completing the relevant journey, stating the timetable departure time of the train or trains you used, or intended to use, for the journey. When you make your claim you must provide a ticket (or other authority to travel) which was valid for the journey.
H. TRAIN SERVICE DISRUPTION
42. Compensation for delays
(a) Where delays, cancellations or poor service arise for reasons within the control of a Train Company or Rail Service Company, you are entitled to compensation in accordance with the arrangements set out in that Train Company's Passenger’s Charter. This can be obtained from the relevant Train Company’s ticket offices, customer relations office or internet site.
(b) The amount of compensation offered by each Train Company in its Passenger’s Charter varies from Train Company to Train Company. However, if you are more than one hour late at your destination station you will, as a minimum, be entitled to compensation in the form of travel vouchers in accordance with the table below:
Ticket held Amount in vouchers Single ticket 20% of the price paid Return ticket with delay on outward or return journey 10% of the price paid Return ticket with delay on both the outward and return journey 20% of the price paid 7-Day Season Ticket for each day a delay occurs 20% of the price paid ÷ 7 Monthly or longer period Season Ticket The discount or compensation arrangements in the relevant Train Company’s Passenger’s Charter apply.
The table above does not apply if you are entitled to a refund in accordance with Condition 26.
(c) This Condition 42 sets out the entire liability of the relevant Train Companies in relation to delays, cancellations and poor service. Except as shown in this Condition 42, the Train Companies do not accept liability for any loss (including consequential loss) caused by the delay and or cancellation of any train. However, they will consider additional claims in exceptional circumstances.
(d) Rail travel vouchers may be exchanged or used in part payment for tickets for any rail journey on the services of the Train Companies.
(e) To qualify for this compensation you must make a claim to one of the Train Companies’ ticket offices or customer relations office within 28 days of completing the relevant journey, stating the timetabled departure time of the train or trains you intended to use for the journey. When you make your claim you must provide a ticket or other authority to travel which was valid for that journey. A Train Company will allow you to retain a ticket for this purpose.
43. Help from Train Companies if you are stranded
If disruption caused by circumstances within the control of a Train Company or a Rail Service Company leaves you stranded before you have reached your destination and the Train Company whose trains you are entitled to use is unable to get you to that destination by other means, any Train Company which is in a position to help will, if it reasonably can, either arrange to get you to that destination, or provide overnight accommodation for you.
44. Circumstances that are within a Train Company’s control
For the purposes of Conditions 42 and 43, circumstances that are within a Train Company’s control include the negligent or wilful acts or omission of its, or a Rail Service Company’s, staff or agents.
45. Circumstances that are not within a Train Company’s control
For the purposes of Conditions 42 and 43, circumstances that are not within a Train Company’s control include:
(a) acts or threats of vandalism or terrorism;
(b) suicides or accidents involving trespassers;
(c) gas leaks or fires in lineside buildings not caused by a Train Company or a Rail Service Company or any of their employees or agents;
(d) line closures at the request of the police or emergency services;
(e) exceptionally severe weather conditions;
(f) industrial action by a Train Company’s, or Rail Service Company’s, staff or agents or by any other person;
(g) riots or civil commotion; and
(h) fire, mechanical or electrical failure or a defect (except where this is caused by a Train Company or Rail Service Company or their employees or agents, or as a result of the condition of a Train Company’s trains).
SECTION II CONDITIONS OF CARRIAGE FOR LUGGAGE, ARTICLES, ANIMALS AND CYCLES
46. Accompanied luggage, articles and animals
You may take small items of luggage, small articles and some animals with you in passenger accommodation without charge subject to the terms, conditions and restrictions set out in Appendix B. You must not place luggage or other articles on seats required for passengers. Animals are not allowed on seats in any circumstances.
47. Large items of luggage and large articles
Large items of luggage and large articles may be conveyed in a luggage van if one is available. You may have to pay a fee for this, but it will not be more than half the adult fare for your journey. Luggage and articles conveyed in a luggage van must be clearly labelled with your name, address and destination station and will not be released by staff until you have proved ownership. The terms, conditions and restrictions which apply to luggage and articles conveyed in luggage vans are set out in Appendix B.
48. Cycles
Except for a few routes, the Train Companies allow cycles to be conveyed by train. However, restrictions may apply at particular times of day and/or days of the week. Any restrictions will be set out in the notices and publications of each Train Company. A charge may be made for conveying a cycle and a reservation may be required.
49. Restrictions
Any Train Company may (notwithstanding the terms set out in Conditions 46 to 48 and Appendix B) refuse to accept an item of luggage, an article, an animal or a cycle if, in the opinion of its staff:
(a) it may cause injury, inconvenience or a nuisance or it may cause damage to property;
(b) there is not enough room for it;
(c) the loading or unloading may cause delay to trains; or
(d) it is not carried or packaged in a suitable manner. Any Train Company’s staff may refuse to accept an item of luggage, an article, an animal or a cycle even if it has been conveyed by train in the past. This Condition applies from the start of your journey and also if you need to change trains. Other terms, conditions and restrictions are set out in Appendix B.
50. A Train Company’s liabilities
A Train Company will only be liable for any loss or damage to luggage, articles, animals or cycles in its trains or on its premises if the loss or damage was caused by the negligent or wilful acts or omissions of its, or a Rail Service Company's, staff or agents. A Train Company's liability in respect of any item will not exceed the value of that item or £1,000, whichever is the lower. 17
51. Your responsibilities
You should take care of any item of luggage or article, animal or cycle that you take in passenger accommodation. You may be liable for any injury, damage, or loss if you do not take reasonable care.
SECTION III CONDITIONS RELATING TO LOST PROPERTY
52. Liability for lost property
A Train Company will take reasonable care of any luggage, articles, animals or cycles which are taken into its safekeeping after being left in its trains or on its premises and will make a reasonable effort to contact the owner. A Train Company’s liability for loss or damage to such items whilst in its care will not exceed its value or £1000, whichever is lower.
53. Retrieval of property
A Train Company may restrict or refuse access to retrieve any property left in its trains or on its premises if it is reasonable to do so.
54. Ownership
Property found in a train or on a Train Company’s premises will not be treated as belonging to the person who finds it and must be handed over immediately to a Train Company’s member of staff.
55. Examination and disposal
If property is left in a train or on a Train Company’s premises, the Train Company has the right to open it and examine the contents before removing it to a secure place. The Train Company may, without being liable, remove or dispose of any property, which might in its opinion cause any damage or any injury or inconvenience to persons.
56. Charges
A Train Company may make a charge (not exceeding £2 per day per item) for storing property and (not exceeding £30 per item) for returning property to the owner depending on:
(a) the type of property; and
(b) the period for which it has been kept.
57. Unclaimed property
Any property taken into a Train Company’s safekeeping which has not been claimed within three months will be sold or otherwise disposed of and any money from the sale will be kept by the Train Company. Items which are perishable may be disposed of earlier.
SECTION IV MISCELLANEOUS CONDITIONS
58. Unacceptable conduct
Any person who a Train Company believes is likely to act in a riotous, disorderly or offensive manner may be refused access to, or may be required to leave, trains, platforms or stations.
59. Limitation of authority of a Train Company’s staff or agents
A Train Company’s staff or agents have no authority to waive or change these Conditions.
60. Carriage by road vehicles
These Conditions apply to passengers travelling and luggage, articles, animals and cycles conveyed in road vehicles provided by a Train Company or its agents unless notice is given to show that different conditions apply. The term “train” in this context includes any road vehicle owned or operated by a Train Company or on its behalf. A Train Company may replace a train with a road vehicle at short notice or on a planned basis and your journey time may be extended. The Train Company may refuse to accept some types of luggage, articles, animals and cycles in accordance with Condition 49.
61. Parking of motor vehicles and cycles
Conditions for parking motor vehicles and cycles are available at stations where there are parking facilities.
62. Left luggage
Left luggage conditions are displayed at stations where there are left luggage facilities.
63. Claims against a Train Company
(a) Personal injury, loss or damage to property: If you wish to make a claim against a Train Company for personal injury or any loss or damage to property, you may write to the Train Company or alternatively contact:
The Registrar Crawford & Company
Tempus
249 Midsummer Boulevard
Central Milton Keynes
Buckinghamshire
MK9 1YA
(b) Other claims including Passenger’s Charter claims:
All other claims under these Conditions or a Passenger’s Charter should be referred to the relevant Train Company.
64. Governing law
These Conditions will be governed by English law, except where a ticket is bought in Scotland for travel wholly within Scotland, in which case these Conditions will be governed by Scots law.