Simon Calder tackles your travel question about cancelled flights, airport security rules and rail strikes
Q: I am interested in what LNER are likely to do in December over the next set of RMT strike days – particularly 17 December? How many Edinburgh to London services will there be? And what happens to those of us with advance tickets?
Are we automatically entitled to book a seat on another service, or what? We bought advance tickets through an agent that doesn’t seem to offer any option other than cancel for refund as far as I can see. We’ve got no choice but to travel that day.
Peter
A: As things stand, Saturday 17 December will be the last day in the RMT union’s pre-Christmas strike. Members working for Network Rail and 14 train operators (including LNER) plan to walk out in two 48-hour blocks: 13 and 14 December, followed by 16 and 17 December. (The expectation is that the intervening Thursday, 15 December, will be blighted with only a “strike service” able to run.)
Since the current series of national rail strikes began five months ago, LNER has consistently run daytime services on strike days on its core route from Edinburgh via Newcastle and York to London. I expect that will prevail if the next round of strikes go ahead – with trains every hour or two from around 7.30am to 6.30pm (last departure southbound at around 2pm).
Many people, though, probably including you, will be in the position of holding a ticket for a train that isn’t running. In that case I recommend you wait and see what LNER proposes. A week before the strike it should become clear what the options are. At this point you should be able to book a seat reservation for a train that is running. Turn up with your Advance ticket and I am sure you will be fine.
Having said all that, when I talked to the RMT general secretary, Mick Lynch, on Thursday I sensed a strong desire to find a settlement and end these extremely damaging strikes.
My advice: don’t do anything for at least 10 days. But equally be aware that other strikes are happening. Train drivers belonging to Aslef are taking industrial action this weekend, and could call future strikes in December
Finally, if you book direct through LNER it is much easier to handle disruption – as well as collecting an effective 2 per cent discount through the Perks scheme.
Q: I had a TAP Portugal flight cancelled 18 months ago. I requested the refund to which I was entitled under the ticket conditions as they cancelled a flight – three times.
When I have requested or chased up a refund they have sent me a voucher. I am getting sick of calling and was wondering if I can explore a refund via other avenues?
Neither has the airline paid EU compensation.
Colin
A: To start with the last part first: compensation for a cancellation is payable only if you were notified less than two weeks before departure and the airline was responsible for grounding the flight. (Government actions to do with Covid, security or weather issues count as “extraordinary circumstances” and exempt the airline from paying out.)
A refund, though, is absolutely your entitlement within seven days under European air passengers’ rights rules. Plainly many airlines have simply ignored this obligation. Being repeatedly sent a voucher must be extremely frustrating.
Seven months ago MPs on the Transport Select Committee called on the Civil Aviation Authority (CAA) to “utilise its existing powers to challenge businesses and to pursue enforcement orders from the courts to tackle infringements of consumer rights in relation to refunds”. But so far nothing has happened.
But regulators at home and abroad do not seem particularly motivated to take action. Some European nations seem to continue to take the view that their airlines need support, and that turning a blind eye to infringements of legal obligations is a form of support.
Before Brexit, claiming from an airline in another EU state would have been a straightforward matter of obtaining a refund through the European small claims procedure, but the UK decided to end that option.
All I can suggest is that you keep going and make it clear to the airline that you will not accept anything other than your legal entitlement to cash back.
