Sugar Loaf Mountaineer : 7/07/18 - now 23/09/18

I think that is a reasonable summary of the situation, basically one has to trust the providers to apply their best endeavours but if it comes to nought, as a customer, it is hard luck, unless you want to get legal. The extent of reasonable "best endeavours" also seems variable in some cases.

 

This going to be a jolly trip full of happy campers

 

Yes, there will be plenty waiting for a lot longer on the stations at Wolves and Telford with no Idea of the change in circumstances.

 

"Didn't we have a lovely day,
the day we went to Bynea"

Got over the disappointment of no steam and drove up to Salop. No need to hurry as 37605 arrived 48L, load 8. Booked loco change was 19 min, but we are still waiting for it to run round. Will probably be at least an hour late getting away.

Got a nice map though, and the sun is coming out.

 

You're losing the plot young Sean!!!!

 

Apparently the sheep festival has been cancelled too !

 

I guess some will still go as they wan't to see something for their money. I booked first class for the comfort, as I expected a long day. Not the best 150.00 spent !

 

Very true but once you look at the OFT's Unfair Contract Clause Document (link below), like most such things various parts seem to contradict each other. So you may find a small claims court who would pass judgement, but I suspect they may argue it would need case law made and be passed to a higher court with all the associated costs. Of course we all know the promoter market is small and who would want to be the enthusiast who is forever known as being the cause seriously increased ticket prices, our worse effectivley ending mainline steam due to it being too much of a financial risk.

Taking the two failures today, maybe ATW have some liability but as said up post Pathfinder promoted this, so do they have to pay it all or should LSL pay something? That I suggest just means no LSL loco will be used for anything other than Saphos trips.
On the SD trip today does SD have to pay it all or look to John Cameron, who let's face it has kept mainline steam alive down south this summer to cough up?

I have no answers, only more questions really.

https://assets.publishing.service.g...ploads/attachment_data/file/284426/oft311.pdf

 

Well said. I'm sure he will be gutted that No.9 failed it's FTR, but elsewhere, some are already having a sly dig about the loco being 'overworked.' I don't blame him for opting out of the main-line scene.

 

The more I'm hearing about the Mountaineer, the Llandovery Event, the dignitaries thing etc. it is obvious that it WAS GOING TO run regardless of motive power. That should have been one of the conditions clearly and honestly stated in the advertising. After recent experiences with Pathfinder, all bad, there's no way our party of 5 would have booked in advance under those conditions and they know that would have been the case for many. If it had been a decent day we'd have driven to Shrewsbury this morning and if 45231 had turned up and was on the train, we'd have paid on the day if seats were available. If not, there would have been an alternative, The SVR Gala.

 

Bang goes your date for the day as well

 

Hypothetically in this case, I think a court would be looking to see what reasonable precautions and due diligence were exercised to enable, as far as possible, fulfilment of advertised features / contractual obligations. Obviously what is deemed "reasonable" may be a subjective matter but I'd take a long look at whether there were sensible grounds for arranging a standby / alternative steam loco and what time ahead of the date that decision ought to have been made. Fully accept some of this is hindsight but 45231 was due to run nearly 3 months ago originally, hasn't turned a wheel since AFAIK, so perhaps unjustified optimism played a part?

 

If only...

 

I have used the small claims court against a Tour provider twice. The first time was in 1998 and it was easy and I won. The second time was quite recently and it was much harder and now costs money whether you win or lose. In the end I settled out of court but 'reasonable' and 'best endeavours' are key things which the courts will take into account. To advertise something which isn't provided goes to the heart of the contract whatever the Ts&Cs state.

 

It is always regrettable if something ends in court, generally a last resort when reasonable negotiation has failed or been rejected. Any business that sees itself as unaccountable to its customers directly for unfulfilled services needs occasionally to be acquanited with reality in order to improve.

 

Losing the plot LOL!
Yes 37 over a route I do rarely with improved weather forecast just about swung it over staying at home.

 

Ugly paint job on DRS Diesels. Hardly conducive to the HoW line.

 

Shame they couldn't of got the class 40 out, may of gone then !

 

Still from video

 

Looks like a fair load behind the 37 for that route.
Did not know DRS had any vac fitted locos either, assuming it is the same 37 that was assigned as the rescue loco if the 5 had run? A post up thread said DBC will work vac provided a fitted diesel is available to rescue.