The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ('the Regulations'), which implement the EU Consumer Rights Directive 2011/83/EU, were passed by Parliament on 13 December and come into force from 13 June 2014.
Most of the provisions of the Regulations do not apply to passenger transport services but train operators do need to be aware that certain of the information requirements do apply. So, if a consumer buys a ticket online, then the consumer must be made aware, in a clear and prominent manner, of certain information such as the main characteristics of what he is buying, the price and any delivery charges. The reality is that this is already required within the industry by the ticketing and settlement agreement, so such provisions should not be unduly onerous. In addition, the order process must incorporate an explicit acknowledgement by the consumer of their obligation to pay as otherwise the consumer will not be bound by the order or contract. This is a step which the industry may wish to consider in connection with the standard conditions of contract.
Historically, a very small number of passengers have been known to seek imaginative routes to avoiding full payment for tickets and these Regulations may give them another option to consider. Train operators may consequently wish to be aware of them.
For more information, please contact Brioney Thomas in our Rail team.