Partner Article

Travel delays - your legal rights

The extreme weather is having a major effect on travel across Britain, cuasing delays and cancellations whether you travel by land, sea or air. As a small business, where do you stand legally if your livelihood is affected by delays beyond your control? Gaynor Beckett from Brilliant Law (www.brilliantlaw.co.uk) outlines what you are entitled to legally and how to reclaim compensation.

Do Network Rail & Train Companies have to offer a refund if passengers are delayed due to the weather?

Train Delays & Cancellations:
Fortunately the minimum standards are laid down by National Rail’s Conditions of Carriage. However they apply to refunds where the problems are within the train operator’s control.

There are always exceptions and in the case of bad weather, Network Rail and the train companies have to collectively agree that the weather is exceptionally severe. If other modes of transport are badly affected by the weather, it’s likely the weather will be deemed ‘exceptionally severe.’

The bad news is, if it is, the theory is that train companies don’t have to compensate you. The good news is, the conditions also say that companies ‘will consider additional claims in exceptional circumstances’. So, we advise claiming for compensation anyway.

Compensation is usually paid in rail vouchers, and the amount you will be repaid varies from company to company. If you prefer to be paid by another method then request it. Claim forms are available from staff on the train, at the train station and from the operators’ websites. You need to provide your ticket or proof of payment and claim within 28 days.

It is worth noting that these weather rules bring about a contradiction: if you board a delayed train the most you can expect is compensation which can be anything up to the full cost of your ticket; but if you don’t board because it’s been delayed, you can get a full refund. Therefore the best cause of action – financially – is not to board any train that’s been delayed by the weather.

Flight Delays & Cancellations:
Extreme adverse weather conditions can lead to flight delays and cancellations. The airlines will generally say that this is beyond their control; however, they must prove that this was an extraordinary circumstance in order to demonstrate that they are not liable to pay compensation.

Extraordinary circumstance or not, if you’re delayed the airline must still get you to your destination - even if it means using a different operator, and they must also look after you until you eventually arrive at your destination.

Furthermore EU Regulation dictates that whatever the cause, if the delay is for five hours or longer, it must refund you the cost of the ticket if you decide not to fly.

Additionally according to The European Union (EU) Regulation the airline must provide food, refreshments and overnight accommodation where necessary, as well as two free phone calls or emails if you are delayed for at least two hours.

In order to claim a refund of your ticket or compensation, you will first need to contact the operating air carrier with a letter of complaint. Should they not uphold your complaint, or if you are not satisfied with their response, you may then refer your complaint to the Civil Aviation Authority.

Employee Travel Expenses & Absence Policy

Implement an expenses policy specially dealing with how employee will deal expenses as a result of adverse weather and other major travel disruptions. Publicise the policy internally before any likely period of travel disruption, and ensure that all staff and managers are aware of their responsibilities.
Most employers reimburse staff the cost of travel in relation to in connection with their business.. If additional costs are incurred due to delays, we’d advise using your discretion but also adding a clause along these lines to their contracts: “In exceptional circumstances, for example, additional expenses incurred over and above the daily stated allowance, due to travel delays as a result of adverse weather, we may exercise our discretion to reimburse these expenses. Any employee affected should preliminary advise their manager of the additional amount incurred, and submit a copy of any claim for a refund to the travel operator.”
Employers should develop a strategy for dealing with major travel disruptions. They will need to consider how best to ensure business continuity and resilience if a significant proportion of staff are absent.

This was posted in Bdaily's Members' News section by Brilliant Law .