National Rail Conditions of Carriage Continued
E.YOUR REFUND RIGHTS
26. Refunds on tickets that have not been used.
If you decide not to use a ticket (other than a Season Ticket - see Condition 36) to make all or part of your intended journey, then:
(a) if the train you intended to use is cancelled, delayed or your reservation will not be honoured, you decide not to travel and at that time you return the unused ticket to any ticket office, the Train Company responsible for that ticket office will, wherever possible, give you an immediate full refund as shown in Condition 27;
(b) if the train you intend to use is cancelled, delayed or your reservation will not be honoured, your ticket or relevant portion of it is completely unused, you decide not to travel and you submit a claim for a refund within 28 days of the expiry of the ticket to the Ticket Seller you will be given a full refund as shown in Condition 27 as soon as practicable and in any case within one month of your claim being received.
(c) if paragraphs (a) and (b) do not apply and the ticket has been bought from a Train Company's ticket office (or a self-service machine) and you return your ticket at any Train Company's ticket office no later than 28 days after the expiry of the ticket's validity, you will receive a refund (subject to the notes below); or
(d) if paragraphs (a) and (b) do not apply, the ticket has been bought from a Train Company's telesales office or a Train Company's internet website and you return the ticket to an address notified by that Train Company no later than 28 days after the expiry of the ticket's validity, you will receive a refund (subject to the notes below); or
(e) if paragraphs (a) and (b) do not apply and the ticket has been bought from a travel agent or other internet website, if you return the ticket to that agent no later than 28 days after the expiry of the ticket's validity, you will receive a refund (subject to the notes below).
(i) The amount of the refund under (c), (d), or (e) above will normally take into account any use you have made of the ticket and in some circumstances, as explained in (ii) below, no refund will be paid.
(ii) In the case of a refund made under (c), (d), or (e) above, you may have to pay a reasonable administrative charge (not exceeding £10). In such cases, where the administrative charge exceeds the refund you would have been entitled to, no refund will be payable.
(iii) Your right to receive a refund under (c), (d) and (e) above of all or part of the price paid may be restricted in the case of some types of reduced and discounted fare tickets, for example, those with an advance purchase requirement. These rights will be made clear to you when you buy your ticket.
(iv) In the case of a refund under (c), (d), or (e) above, you will not receive an immediate refund but your refund application will be processed as soon as reasonably practicable and the refund paid within one month of receipt of the application.
(v) In the case of an Electronic Ticket, the refund process may require you to allow the person making the refund to delete the stored ticket data or to demonstrate to that person that you have done so in accordance with the conditions of that ticket.
27. Method of refund
The method of refund is detailed below:
Cash or cheque at the discretion of the Train Company or travel agent. Any immediate refund given under Condition 26 (a) will be made in cash wherever possible.
Cheque (where accepted)
Cash or cheque (which could include the return of your cheque) at the discretion of the Train Company or travel agent.
Credit or Debit Card
Issue of a credit voucher and credit to the relevant account.
Rail Travel Warrant
Credit to the relevant warrant account.
Rail Travel Voucher
Vouchers of equivalent value or cash at the discretion of the Train Company or travel agent. Any immediate refund given under Condition 26 (a) will be made in cash wherever possible.
28. Cancellation of fraudulent payment
You are entitled to cancel a payment where fraudulent use has been made of your credit or debit card in connection with the purchase of a ticket.
F. ADDITIONAL CONDITIONS APPLYING ONLY TO SEASON TICKETS
Conditions 29 to 37 apply to Season Tickets and Smartcards containing Season Tickets. If there is any conflict or inconsistency between them and any other Conditions, then Conditions 29 to 37 will apply.
A Season Ticket gives you the right to travel between particular stations or within particular zones during the period up to and including the Season Ticket's expiry date. A Season Ticket may only be used by the person to whom, or on whose behalf, it was issued. Except in the case of a Season Ticket which is an Electronic Ticket, the relevant stations or zones and expiry date are shown on the ticket. This includes the right to start, break and resume, or end your journey, as described in Condition 16. If you use the Season Ticket to travel beyond the station or zones for which it is valid, you will be treated as having joined the train without a ticket for that additional part of your journey and Condition 2 or 4 will apply. The routes you are entitled to take with a Season Ticket are explained in Condition 13.
31. Expiry of validity
A Season Ticket remains the property of the Train Companies. When its validity expires you must hand it in to the Train Company which issued it if you are asked to do so. You do not need to hand in a Smartcard which contains an expired Season Ticket.
32. Improper use
A Train Company may refuse to sell a new Season Ticket, or renew or replace an existing Season Ticket if it has reason to suspect that it has, or will be, used for fraudulent or improper purposes.
33. Damaged tickets
If a Season Ticket is damaged, or can no longer be read easily, or no longer works in automatic ticket gates, it will be replaced by the Ticket Seller that sold the original ticket, provided that it is still valid. You will not have to pay an administrative charge. Different arrangements normally apply for the replacement of damaged or defective Smartcards, and these will be made clear to you when you obtain your Smartcard.
34. Lost, stolen or mislaid tickets
If you lose or mislay a Season Ticket or it is stolen, the Train Company which sold it will, unless Condition 32 applies, arrange for it to be replaced with a duplicate Season Ticket provided that:
(a) you tell staff at an office of the Train Company from which it was bought as soon as you reasonably can and, if required, you give a reasonable explanation for the loss;
(b) you agree to return immediately the lost Season Ticket if you find it, to an office of the Train Company from which it was bought;
(c) the lost Season Ticket is valid for one month or longer; and
(d) you pay a reasonable administrative charge (not exceeding £20) for the issue of the duplicate Season Ticket.
Only one duplicate will normally be allowed for any lost or stolen Season Ticket. However, a second duplicate will usually be allowed if:
(i) the original Season Ticket is returned to the Train Company which sold it within one month of it having been told of the loss; or
(ii) the first or second request for a duplicate was a result of a verifiable theft, robbery, fire, or other exceptional circumstances which have been reported to the police, the fire service or another appropriate organisation.
You will not, in any circumstances, be issued with more than two duplicate Season Tickets in any 12 month period.
Different arrangements apply for Season Tickets issued on Smartcards where the Smartcard is registered, and it is possible to cancel the Electronic Ticket stored on it. The seller of the Smartcard or Electronic Ticket will make these clear to you when you buy your ticket.
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 Condition 2 or 4 will apply.
If, subsequently, you present at the office where the Season Ticket was issued.
(a) the Season Ticket;
(b) the photocard, if required; and
(c) the additional tickets you have purchased or any Penalty Fares notices, the relevant Train Company 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 Train Company 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 is returned to the Train Company which issued the duplicate ticket within one month of it being notified of the relevant loss; or
(ii) where the original and replacement tickets were Electronic Tickets and it was possible to cancel the original ticket; or
(iii) 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
You may change one Season Ticket for another covering a different journey or class of travel provided that the original ticket was valid for one month or more, and has at least seven days' validity remaining. In this case, you will only be required to pay the difference in price between the original ticket and the new one, calculated pro rata to the number of days of validity remaining on the ticket. If the new Season Ticket is for a cheaper journey or class of travel, 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. The validity of the new ticket must start on the day after the original ticket is handed in and must expire on the same date as that of the original ticket when it was issued. You will not have to pay an administrative charge.
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.
Different arrangements may apply for Season Tickets issued on Smartcards. The seller of the Smartcard or Electronic Ticket will make these clear to you when you buy your ticket.
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 in 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 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 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, you may be charged 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 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. Each 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 the Train Company 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 and internet sales 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 arrive more than 60 minutes 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
(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 printed on or stored on your ticket, 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, 43 and 52, 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, 43 and 52, 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 staff or agents;
(d) line closures at the request of the police or emergency services;
(e) exceptionally severe weather conditions;
(f) riots or civil commotion; and
(g) fire, mechanical or electrical failure or a defect (except where this is caused by a Train Company or Rail Service Company or their staff or agents, or as a result of the condition of a Train Company's trains).
46. Disabled passengers and passengers with reduced mobility
If you are a disabled passenger or a passenger with reduced mobility and give at least 24 hours notice, Train Companies will, as a minimum, provide free assistance so that you have access to travel by rail, including helping you get on and off trains at staffed stations, and make all reasonable efforts to assist you at unstaffed stations.
Where stations and trains are not accessible to a disabled customer, a Train Company will take steps to ensure that they can complete their journey (for example, by arranging alternative transport for that customer to the nearest accessible station).
If you ask for information on the accessibility of rail services and facilities in trains for disabled persons and persons with reduced mobility (for example, the elderly and/or those travelling with small children or heavy luggage), a Train Company will provide the information to which it has access.
© Copyright Rail Settlement Plan Limited. Issue May 2012