Torbay Expresses 2017

5MPH ESR not possible then ?.

 

Latest is I think 2 trains now allowed per hour but thats it. Torbay stuck at Newton Abbott. What a rotten day for passengers, crew, TOC and everyone involved. This just adds insult to injury!

 

Torbay just through Dawlish.

 

I waited at Stoke Canon. Trains were running at 5mph in both directions. After finding out that theTorbay was running so late i gave up and decided to head home.

 

Set aside the particular issues affecting Steam Tours and ignore the potential for failure or delay due to the motive power. The delay today is now down to NR. As a result it seems fair to suggest that in such circumstances the delay repay scheme apply to charter tours. Since such compensation is claimed by the TOC from NR (and they in then reclaim from any company responsible), charter passengers should not be treated aby differently from any rail user today and get the appropriate refund.

 

That's a good point. I was just thinking about insurance and mentioned it to my wife just a hour ago. She does have annual travel insurance as she goes to France regularly to visit her friend and her husband but it hasn't occurred to us to check it for this kind of situation. I'll ask her to check the policy details.

 

Really sad day for the Torbay Express.. I would much rather have seen Tornado or Royal Scot on it today but it was not to be.. I did get one shot of 66177 at Waterside on the Dartmouth Steam Railway.. To think I have many shots of our King 6024 here .. not quite the same is it??

 

Asked about it years ago and was told as the train ran there wasn't a claim we could make. Type of motive power is of no consequence. Doubt that's changed.

 

What a TBE yesterday. According to RTT it didn't get back to Bristol until 2313!!!

 

Slightly happier times, albeit fire risk territory

 

Actually that is unlikely to stand up in a County Court. The tour companies are not protected in the same way as a TOC and these terms would probably be judged as unfair in court, which is why if you tell the tour operators you are perusing a County Court claim they always settle.....the industry does not want the precedent of a leading case .

 

But surely if the booking clearly states that they have the right to change traction and the tour actually runs there is no comeback? At the end of the day your ticket is for a charter to Kingswear and return with ferry crossing to Dartmouth. That was what was provided so I cannot see how any legal judgement would make in favour of the claimant? Just me playing devils advocate here.

 

With that gung ho attitude you should be offering your services on a no win no fee basis. There was an amusing decision in the Hong Kong courts recently (HK law is based on English law and uses English and Commonwealth precedents) where a somewhat vexatious litigant tried to pursue a claim against a hotel or serviced apartment operator for various peccadillos, and the judge tossed it out saying she would be better advised to put a bad review on Trip Advisor. I will see if I can find the transcript.

 

I am not suggesting that anyone try's it.....but we have an Unfair contracts (terms) act governing terms and conditions and thus far no tour operator has felt willing to try to defend their position in court, the cave in long before it gets that far.

 

And herewith the link http://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=107833&currpage=T The comment "the plaintiff may have exhausted all English vocabulary describing negative feelings" may apply to some contributions on here.

 

What was the problem causing the delays yesterday?

 

Still not relevant in an English court, sorry.

 

As I understand it Unfair contracts (terms) act 1977 applies only to liability arising in the course of a business and in relation to liability arising towards other businesses.

 

It was a bit off topic but they missed a hotel room and concert as a result of a late running or cancelled service train not a charter. An annual travel insurance policy covers UK travel.

 

A tad unfair. TBEL did their best to deliver steam on the day so the T&Cs are valid. It is when a provider knows well in advance that there may be a case. TBEL has had a run of bad luck.