In the guide
This guidance is for England, Scotland and Wales
When you buy a train ticket you are making a contract for the provision of a rail travel servicewith the train companies that are covered by the ticket. If you buy your ticket via a licensed retailer, the train company remains liable to you to fulfil the terms of the contract and provide you with the rail travel service that you have paid for.
In addition to your statutory rights, you have rights and obligations that are set out in the National Rail Conditions of Travel and eachtrain company'sPassenger's Charter.
The law
The Consumer Rights Act 2015 gives you rights when you make a contract with a trader for the supply of goods, services and digital content. In the case of rail travel, you are making a contract with a train companyfor the provision of a service and you have the following key rights:
If you enter a rail travel contract after a train company or a licensed retailermisled you or because they used an aggressive commercial practice, the Consumer Protection from Unfair Trading Regulations 2008 give you rights to redress: the right to unwind the contract, the right to a discount and the right to damages. These rights are in addition to your rights and obligations set out in the National Rail Conditions of Travel. The guide 'Misleading and aggressive practices: rights to redress' gives more information.
Payment surcharges
Under the Consumer Rights (Payment Surcharges) Regulations 2012, which were amended by the Payment Services Regulations 2017, traders are banned from imposing surcharges on consumers for using the following payment methods:
Traders can impose a surcharge for other methods of payment, but the amount must not be excessive; it must reflect the actual cost to the trader of processing the payment. The Regulations apply to most sales and service contracts, including rail travel.
The Regulations give you rights to redress. Any requirement to pay a banned surcharge, or the part of a surcharge that is excessive, is unenforceable by the trader. This means you do not have to pay. If you have already paid the surcharge or the excess, you are entitled to a refund.
If you have a complaint about surcharges, report it to the Citizens Advice consumer service.
'National Rail Conditions of Travel'
The rights you have when youtravelon scheduled train serviceson the national rail network are set out in the 'National Rail Conditions of Travel'. Some of the key conditions are summarised below:
TICKETS
You must have a valid ticket to travel before you board a train. If this is not possible,for reasons that are set out in the National Rail Conditions of Travel, you must buy a ticket to complete your journeyas soon as you can. For exampleif you cannot purchase a ticketat the station because the ticket office is not open or the self-service ticket machine is not working. Tickets are available from staffed ticket offices, self-service ticket machines, from the train companies and from licensed retailersonline and by telephone. If you do not have a valid ticket, you may be liable to pay a penalty fare or be charged a full undiscounted anytime single fare to a station served by the train that you are on; you could also be prosecuted.
Tickets may specify:
Children under the age of five can travel free of charge with a passenger holding a valid ticket or other authority to travel. Children aged between five and 15 years must travel with a valid ticket but are entitled to a child discount on most tickets.
You cannot use first class carriages with a standard class ticket unless train company staff or notices on the train give you specific permission. However, you may be able to upgrade your ticket.
If you want to break your journey, or perhaps finish the journey on a different day, most tickets (with the exception of advance tickets) allow you to do so. Check for any travel or ticket restrictions beforehand.
Sometimes rail replacement services - replacing a trail with a bus or coach - are in operation because of engineering work. You should be informed at the time you buy your ticket if there will be a rail replacement service in operation to allow you to decide whether to travel or not. If a rail replacement service operatesat short notice and you cannot travel by road because your luggage, animals, articles or cycles cannot be transported, you are entitled to claim a refund on your ticket.
YOUR RIGHT TO A REFUND
If you have not used your ticket to make all or part of your journey because you decided not to travel, you can apply for a refund (or part-refund for the unused part of the ticket)from the train company or the licensed retailerwithin 28 days of the expiry of the ticket. You should be aware that the terms and conditions of some tickets, such asadvance tickets, may state that it is non-refundable. An administration fee of up to 10 per ticket may be made and you should receive a refund within one month from the date your application was received.
If the train iscancelled, delayed or your reservation will not be honoured and you choose not to travel, you can return your ticket to the train company or licensed retailerfor a refund; an administration fee will not be charged. You must make your claim within 28 days of the intended travel date and you should receive your refund within 14 days of it being agreed by the train company. If you bought your ticket immediately before travel, you should be able to get a refund straight away from the ticket office.
If you no longer require a season ticket, you may be entitled to claim a refund from the train company or licensed retailer. However, seven-day season tickets must have at leastthree days validity remaining and season tickets valid for one month or more must have at least seven days validity remaining. The National Rail Conditions of Travel set out the method for calculating the refund.
YOUR RIGHT TO COMPENSATION FOR DELAYS
If you cannot complete your journey due to a cancellation or delay of a train service, you can claim money back either through industry arrangements as set out in the National Rail Conditions of Travel and the train company's Passenger's Charter or by using your statutory rights, for example under the Consumer Rights Act 2015.
For claims made under industry arrangements, you must write to the train companywithin 28 days of making the journey. Your claim should be processed within one month and compensation willbe paid to you within 14 days from the dateit was agreed by the train company.
When delays, cancellations or poor service occur you are entitled to compensation, as long as the problems are within the control of the train company or rail service company. This is set out in the train company's Passenger's Charter. Each train company determines the level of compensation it pays, but the minimum amount for a delay of more than 60 minutes is set out below:
| Type of ticket | Amount of compensation |
|---|---|
| single ticket or return ticket with delay on both the outward and return trip | 50% of the price paid |
| return ticket (delay on outward or return trip) | 50% of the price paid for the part of the trip that was delayed |
| season ticket | check the discount / compensation arrangements in the train company's Passenger's Charter |
You can ask for money compensation, which may be paid by cheque, bank transfer or credit cardor for compensation to be paid in rail travel vouchers.
If you wish to make a claim against a train company or rail service provider for personal injury or any loss or damage to property, or any other complaint, write to them in the first instance. If the claim is against another train company or another party, the train company you have written to will forward the details on.
If you are not satisfied and wish to take your complaint further, you can contact the Rail Ombudsman.
PASSENGERS WITH DISABILITIES
If you have a disability or if you need extra help, the train company will provide specific assistance upon request and without extra charge. This can include using wheelchair ramps to board / exit a train. The National Rail Conditions of Travel recommend that 24 hours' advance notice is given to the relevant train company if assistance is required, but help will be offered even when no advance booking has been made.
Train companies' Passenger's Charter
All train companies must have a Passenger's Charter that sets out what their commitments are to their passengers. Train companies may give you additional rights to those you are entitled to expect under the National Rail Conditions of Travel. You can find a list of train operating companies on theNational Rail Enquiries website.
Most train companies operate a 'delay repay' scheme and details can be found in their Passenger's Charter. Some companies will pay compensation for delays over 30 minutes at a level that is higher than the minimum required under the National Rail Conditions of Travelregardless of the cause of the delay.
Some train companies operate a 'seat reservation compensation' scheme. If you reserve a seat and it is not available and an alternative seat cannot be found on the train then you may be able to claim compensation in accordance with the Passenger's Charter. Where possible, ensure your ticket and seat reservation slip are endorsed by the train guard as proof.
What to do if you have a complaint:
My complaint has not been resolved: what can I do?
If you have reached deadlock with the train company and your complaint has not been resolved you can contact the Citizens Advice consumer service; you can also contact:
Rail Ombudsman Tel: 0330 094 0362 Email: info@railombudsman.org www.railombudsman.org
Transport Focus
(online complaint form available)
Tel: 0300 123 2350
www.transportfocus.org.uk
London TravelWatch
Tel: 020 3176 2999
Email:info@londontravelwatch.org.uk">enquiries@londontravelwatch.org.uk
www.londontravelwatch.org.uk
Other useful contacts
Office of Rail and Road
(online contact form available) www.orr.gov.uk
National Rail Enquiries
(online help section)
Tel: 03457 484950
www.nationalrail.co.uk
Key legislation
Last reviewed / updated: November 2020
Please note
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.
For further information in England and Wales contact the Citizens Advice consumer service on 0808 2231133. In Scotland contact Advice Direct Scotland on 0808 164 6000. Both provide free, confidential and impartial advice on consumer issues.
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