The Royal Wessex 30th June 2012

The operators always end up settling because if someone took them to court and won it would open the floodgates as there would be what is known as a 'leading Case' setting precedent.

 

I would be surprised if there had been any out of court settlements given the promoters seem to include every disclaimer under the sun in their Ts and Cs. Wouldn't that make it a bit pointless threatening court action in these kind of circumstances ?

 

I have experience of a settlement with one major tour operator. When we advised that we were prepared to take the matter to court, an agreement was made very quickly. That said we were fair and asked for a replacement tour instead of a refund thus offering a compromise solution.

 

Ok,that's interesting. Sounds like its worth putting it to the test then, though if we're saying some of these operators need to up their game that will probably only happen once they start getting pursued for refunds of monies paid. Giving away seats on a future tour won't hurt them in quite the same way.

Without wishing to single out any one operator there does seem to be a tendency out there to open bookings for very appealing tours many months in advance before all the i's and t's have been dotted and crossed. We then get changes to itineraries, timings, loco allocations etc which for some of those who booked when the tour was first advertised, must make it a less appealing prospect. I'm fairly sympathetic on loco changes as we all know with steam traction that substitutions are sometimes unavoidable hence the loco"pool". Timings and itineraries however should not be changing as close to running dates as we've seen recently, and to the extent they have unless it's the result of essential maintenance or something else truly exceptional. In my view, with timings, the honest way to do things, until operators are able to offer reasonably reliable times when tours are first advertised, is not to print provisional times at all. That way people booking before confirmed timings are available will understand the risks more clearly, and not be so put out when the confirmed timings bear no relation to the provisionals and it's too late to change their minds. After providing a steam loco to haul the excursion the next two most important things are the route and the timings in my view. This must be sorted out if main line steam is to have a long term future.

 

No , Unfair contract terms and conditions legislation would negate most of these T&Cs in a court , which is why the tour promoters will not take their chances in a court of law and, if you are persistent enough, they will settle.

In addition the tour promoter is not, repeat not a TOC still protected under antiquated Victorian Laws, they are, in effect, a travel agent. Taking on, say WCRC or DBS to court would be rather more problematic as A) your contract is not with them, it is with the Tour operator and B) as they are a TOC (effectively)


Your chances are much lower( i.e. effectively nil0 with pursuing any action against a TOC until someone in Government is prepared to repeal some of the archaic and anti consumer laws protecting the railway in general from the public looking for reasonable restitution when things go wrong. Look at what airlines have to provide if a flight is delayed, yet the railway industry only have to deliver you to the stated destination at some time.

As both main political parties have some very powerful friends at the top of TOC's don't hold your breath for this to happen any time soon.

 

Ok, well that sounds like its definitely worth threatening tour operators with legal action in these circumstances although it sounds like it'll only be if someone refuses to settle out of court and goes the distance that anything fundamental will change. My guess is it will stay the same sadly.

Not surprised to hear of the "cosy" friendships between TOCs and politicians. I think we're all getting used to the fact now that its not politicians with the real power.

 

any news on the locos for today?

 

Back to the tour itself, on time past a large watching crowd at Reading West, Noticed Tangmere doesn't seem to "clank" anymore, unless it is my imagination.

 

Hardly any photographers out at the normally busy Twyford. Maybe people were unaware of the change of route. There were however, hundreds of Henley Regatta packing out the station and what an attractive bunch some of them looked.

Back to Tangmere, she raced through on the down fast line but with a worrying glow from the leading edge of the ashpan which didn't look right and something I have NEVER seen before. My immediate reaction was that the fire bars had dropped but maybe it wasn't critical after all especially as the train has reached Reading West.

Be interested to know what caused the glow and the clear visibility of burning coal.

 

I noticed the glow as well at RW on the bottom front right hand side of the ashpan, not sure if it is normal or not. Certainly not short of steam, the safety valves lifted on Reading West Bridge & continued to blow as she proceeded through the station. Probably woke a few people wandering along Oxford Road.

 

I will put this here as it is the tour I am watching today. What is wrong with Railtours Live & why don't people use it? I subscribed to this tour today & apart from the one I sent from Reading West there has been nothing else! It was the same last week with 71000, the only two messages were the ones from myself & someone else from Tilehurst.
Makes me wonder why I bother.

 

For me it would only be worth paying for such a service if I was a train chaser and I don't chase. Perhaps that is the majority view which is why the pay for messaging services aren't particularly successful.

 

Working today so can't get out for this trip, but RTL updates from around Reading have been very helpful in the past so keep sending them in. I appreciate your frustrations though and the RTL service could probably do with some discussion at some point in a different thread.

 

Out of Weymouth almost on time. Both going well through Upwey

 

why pay for RTL when most people have internet enabled phones so they can access Gen on the move

 

Don't have a smartphone but yes it's worth considering although 15p to know a tour is on it's way (or not) seems good value. Anyway, how's the trip going?

 

But they weren't due out till 16.35 ???? or have I missed something. Bit of a worry if timings one hour forward.....could be the only one waiting !

 

Now thats odd; when I picked your post john, the time record showed as 15.40 odd. Now I replied to it, its all changed.....most odd; but I assume on time now anyway, cheers Pete

 

Yeah, missed out cos I went on a farm visit !!!!! with grandkids !! Sure she looked good; its over to Twyford for me later. Pete