Refused refund on train tickets, despite lack of explanation of terms at time of purchase?

Question

In November 2007 I used a telephone booking system to book train tickets with Virgin Rail (UK). I later requested a refund on the tickets, only to be told that this option was not available, as the terms of the ticket were that it was non-refundable.

I believe I was mis-sold the tickets I eventually purchased. I was told to refer to the terms and conditions on the website - but only after I had gone through with the transaction. The agent who made the transaction barely spoke fluent English, so even had she explained the terms and conditions at the time I wouldn't have been able to understand them - I could barely decipher the booking reference she gave me.

In their response Virgin simply stated that refund was denied because the ticket was non-refundable and all tickets available at the time at purchase were so. But they neglected to take into account my complaint that this was not explained to me at the time, regardless of being standard.

Can I take my complaint any further?

Answer 1

I think you are pissing up a rope.  If their policy is, all sales are final,  that's it.  Do you want to take it to the Supreme Court?

Answer 2

My view, as a retired lawyer, is that if the conditions were not made clear to you at the time of purchase, then you are not bound by them. There were a lot of old cases concerning railway company liabilities and the Courts held that if reference to the conditions were printed on the company's ticket, then the passenger was bound by them - that is why old 'Edmunson' tickets had 'sold subject to the Company's conditions of carriage' printed on the rear. However, I think that the position must be looked at in the light of  modern life. You say you booked via the telephone, not a website and that after you had purchased (and paid by credit card, presumably) you were referred to a website for terms and conditions. I think that Virgin's stance is poppycock. The contract was concluded when you paid for the tickets. The company can  not alter the terms of the contract once it has been concluded - in pure contract terms by offer to sell, your acceptance. and your payment of the fare or the 'consideration'. I feel that the fact that you had difficulty in understanding the sales clerk would not carry much weight - but it is irrelevant. The thing is - what do you do? You don't say how much money is involved. If you are talking about 100s of pounds then a small claim in your local County Court might be worth a punt. You would have to pay the issue fee for the claim, but would get that back if you were successful. What often happens in these cases is that large companies don't bother to defend, unless they feel a very important point of principle is at stake. Since costs are very unlikely to be awarded in small claims cases (usually only when the claim is totally unreasonable - which yours isn't - but not always then) It just isn't worth their employing lawyers to fight the case.

Later edit. I saw the second answer on posting mine. The answerer is correct concerning proof, but as I understand what you are saying there is no dispute over the fact that the condition in question was not made clear to you. They are just hiding behind the fact that it says what it does on the website.  The CAB is a good idea - if you decided to go to Court they would help you complete the forms.

Answer 3

Virgin would probably say that it is common knowledge that advance purchase rail (and airline) tickets are non refundable.

Having said that some rail companies, certainly First Great Western will give refunds minus a fee, on advance purchase

tickets. If a relatively small sum is involved, I would put it down to experiemce. If we're talking a large sum, you could try sueing in the Small Claims Court, a division of your local County court, but the Judge might accept the point made in my first paragraph and give judgement to Virgin.

Answer 4

I travel a lot for business.  For both train and airline tickets, the terms of the ticket are clearly printed on the itinerary or back of the tickets themselves (In really small print of course...).

Sorry, but I don't think your case will get anywhere...

Answer 5

if the ticket you bought is non refundable then you dont get a refund, the call centre where you bought the ticket. the operator would be reading from a script so therefore they will Say you were informed of the facts. IF YOU DID NOT UNDERSTAND WHAT THE OPERATOR STATED you had the opportunity to ask them to explain. if you carried on regardless then you have no recourse in law .

you have answered your own question "I barely understood."the onus is on you to make sure you know the facts before you book.

you have no complaint,whatsoever

Answer 6

Extremely difficult to prove something that happened (or not) on a telephone. Citizens Advice Bureau might help, or possibly your local Trading Standards, but quite frankly I doubt you'll get anywhere.

Somehow I don't think the Supreme Court is going to help, seeing as we don't have such in the UK but have differing legal systems instead.

Answer 7

That will teach you to travel on Virgin Trains - how do you think they make a profit?