Bring back GNER; all is forgiven!

[lethargic_man]

I've just bought train tickets with National Express for the first time (i.e. since GNER lost the east coast franchise. I'm not at all impressed by the terms and conditions on their website:

You may not rely on any statement or representation in the website, and when you buy tickets from NXEC Trains Limited you agree that you have not relied on any statement or representation in this website.

We do not exclude our liability for fraudulent misrepresentation or for death or personal injury caused by negligence.

We shall have no liability for any loss or damage you suffer as a result of relying on any fact or statement that prove to be incorrect.

Comments

[hairyears.livejournal.com]

Yeah right. You get this kind of pseudo-legal nothing-we-say-is-binding cover-my-ass in all kinds of places, especially contracts of employment.

If you advertise goods and services - or make any representations to the public as potential customers, you are bound by what you have said.

You won't impress a judge by saying "It's alright because there's a disclaimer in the small print that says we might be lying". At best, they will apply the 'reasonable man' test - would a reasonable man believe what you said about your services? At worst, they would treat the disclaimer as a frank admission of intent to mislead the public.

National Excresence would've done better to put a straightforward warning in, stating that some delays are outside their control and that weekends in particular are subject to alterations due to engineering work, check before you travel etc. A reasonable man will accept that, and I am sure that a court will support it. But this disclaimer sounds like a company looking to gouge the public and mislead them about services and prices.

"We do not exclude our liability for fraudulent misrepresentation or for death or personal injury caused by negligence" Why bother saying that? There is no escaping it, no get-out by disclaimers or by contract: it's the law. I don't know what kind of idiot advised them to put that on their website: do they think it's reassuring?

We shall have no liability for any loss or damage you suffer as a result of relying on any fact or statement that prove to be incorrect". Er, a fact might prove incorrect? I'll take it that this means 'factual representation'. Again, try telling a judge that you're not liable for statements that prove incorrect: you have the liability the law says you have and that disclaimer has no legal standing. Yes, there is a test of what is reasonable, and considerable leeway where statements are made in good faith and unforseen circumstances limit what you can do; but there's no leeway for a company that looks like they hope to get away with misleading the public, both as potential customers and paying passengers.

If they are going to be dishonest, they need to be a damn' sight cleverer about it than that. As in, they are getting legal advice on the cheap, and I rather hope that this turns out to be an expensive mistake.

As always, I would urge you to consult someone who is qualified to offer legal advice: the personal opinions of an educated layman are no substitute for educated expertise.