Why we believe South Western Railway should honour compensation during strikes
And why we're offering FREE claims - plus a discount offer for you!
Posted 20th November 2019
Guards at railway company South Western Railway are now on strike over the month of December - from 2nd to 11th, 13th to 24th, and 27th until 1st January 2020.
Train services are likely to be significantly disrupted.
What happens to compensation during the period?
During previous strikes, SWR have rejected all Delay Repay claims against the normal timetable - and instead said that only claims made against the amended strike timetable are valid.
We believe this is wrong - especially for season ticket holders.
The National Rail Conditions of Travel (Part F, Clauses 32-34, PDF pages 23 and 24) clearly states "To make a claim under the industry arrangements, all you need to show is that there was a delay. You do not have to prove that the delay was the Train Company’s fault.". The National Rail website page on compensation also states, "Passengers are entitled to compensation for any delay to a journey greater than the limit set out in the Train Companies Passenger’s Charter. This is regardless of the cause." (our emphasis).
We believe Delay Repay claims should be based on the timetable in operation at the time of purchasing your ticket - not at the time of travel. While we understand that strikes and severe disruption - such as a big signal failure - may cause chaos and that the best plan of action is indeed to introduce an emergency timetable, we strongly believe customers shouldn't be penalised for a train company's decision to do that.
This is particularly frustrating for season ticket holders. A contract is formed upon purchase of a ticket - so it could be argued that season ticket holders are contractually obliged to receive a service based on the timetable in operation at the time of purchase - or appropriate compensation if that service is reduced at a later date.
All compensation claims for SWR journeys made via TrainClaimer will be FREE in December
In response, TrainClaimer is offering all South Western Railway claims for FREE in December 2019. When you make a claim for a delayed journey on any date between 2nd December and 1st January 2020 inclusive, and that claim is accepted and processed by TrainClaimer, you will not be charged a Credit.
The same procedure as normal applies - we will process the claim on your behalf and 100% of the money will go straight to your bank account.
Please note however that we are expecting SWR to reject many claims during this period. If this happens we will appeal on your behalf, but may not be able to convince them to accept claims based on the normal timetable, so appeals may fail. We will however do everything we can to get claims - against either the normal or the emergency timetable - accepted for you.
This offer applies to subscribers only. However...
There's more - a new offer on subscriptions!
In addition to all claims being free, you can now get 50% off your first year of any annual subscription. Just use the code STRIKE when signing up to get the discount!
This discount code is available to all users taking out a new annual subscription, not just those travelling with SWR.
• 50% off your first payment on the annual version only of our Basic, Advanced or Pro plan. Usual subscription terms apply. Use code before 23:59 on 1st January 2020 to receive the discount.
• All accepted claims against a valid SWR train on travel dates between 2nd December 2019 and 1st December 2020 inclusive will not be charged a Credit.
• You can still choose to donate your compensation to The Samaritans and receive a free Credit for doing so.
• Apply for compensation up to 25 days after travel date to receive a free claim for that journey.
• Only subscribers can take advantage of the free claim offer. PAYG users will be charged a Credit as usual.
• The free claim offer happens automatically. No purchase necessary.
• TrainClaimer reserves the right to withdraw the free claim offer or the discount code at any time without notice.
• Your statutory rights are not affected.
• These terms apply in addition to our usual Terms and Conditions.