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Is someone within their rights to move you out of a prebooked seat?

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  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    Jamie2k9 wrote: »
    Well the issue is the ID is not been entered early enough before boarding or the train software is the issue and the process to load names. The ID is related to audit announcements as well?

    Drivers won;t enter an ID in the middle of a journey unless they haven't so clearly the ID aspect isn't the core issue here.

    The issue is that you don't know but assuming.


  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    I don't get why sometimes they're there immediately and on a few occasions as I alight the train almost an hour later, they're only just being displayed.

    IT issues or did the driver forget ???

    Wi fi issues.


  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    Emme wrote: »
    There are people who pay for that sort of thing, if you were good enough at it you could earn enough to buy yourself a chauffeur driven limo and you wouldn't have to take the train.

    Flat rate? 😀


  • Registered Users Posts: 8,050 ✭✭✭joeguevara


    All the people who say they would demand an inspector be called, what do they think would happen then? Inspector will demand you move and give seat to person who books. If you refuse they will get police to eject you at next stop. What’s your next move?


  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    joeguevara wrote: »
    All the people who say they would demand an inspector be called, what do they think would happen then? Inspector will demand you move and give seat to person who books. If you refuse they will get police to eject you at next stop. What’s your next move?

    Well as your are not breaking the law, what could the guards remove you for...


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  • Closed Accounts Posts: 1,119 ✭✭✭Jack Kanoff


    Jamie2k9 wrote: »
    Well as your are not breaking the law, what could the guards remove you for...

    Failing to comply with instruction of an Irish rail official, private property and well within their right to eject uku or call the Gardai .


  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    Jamie2k9 wrote: »
    Well as your are not breaking the law, what could the guards remove you for...

    Failing to comply with instruction of an Irish rail official, private property and well within their right to eject uku or call the Gardai .

    The inspector would need to provide notice of the reservation. The customers ticket would not be sufficient.

    Anyway Irish Rail pfficals have no interest dealin with such issues.


  • Closed Accounts Posts: 1,119 ✭✭✭Jack Kanoff


    Jamie2k9 wrote: »
    The inspector would need to provide notice of the reservation. The customers ticket would not be sufficient.

    Anyway Irish Rail pfficals have no interest dealin with such issues.

    The customers ticket is the contract,


  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    The customers ticket is the contract,

    Yes and Irish Rail are failing to honor the contract with a failing reservation system. The contract is not between the reservation holder and the person sitting in a seat provided there is no reservation system or notice on display.


  • Closed Accounts Posts: 1,119 ✭✭✭Jack Kanoff


    Jamie2k9 wrote: »
    Yes and Irish Rail are failing to honor the contract with a failing reservation system. The contract is not between the reservation holder and the person sitting in a seat provided there is no reservation system or notice on display.

    Incorrect, the name over the seat is not part of the contract.


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  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    Incorrect, the name over the seat is not part of the contract.

    Read back to my link, CIE bylaws require notice of a reservation to be provided and only when such notice is provided is the seat legally reserved. Irish Rail have gone and adopted online booking without getting their laws updated.


  • Closed Accounts Posts: 1,119 ✭✭✭Jack Kanoff


    Jamie2k9 wrote: »
    Read back to my link, CIE bylaws require notice of a reservation to be provided and only when such notice is provided is the seat legally reserved. Irish Rail have gone and adopted online booking without getting their laws updated.

    The name does not have to be displayed over the seat, it's that simple.


  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    The name does not have to be displayed over the seat, it's that simple.

    I didn't say the name was needed. "Notice" is whats needed.....


  • Closed Accounts Posts: 19,889 ✭✭✭✭The Moldy Gowl


    Jamie2k9 wrote: »
    Yes and Irish Rail are failing to honor the contract with a failing reservation system. The contract is not between the reservation holder and the person sitting in a seat provided there is no reservation system or notice on display.

    No. It's just that person being a stubborn bollox.

    Dunno why people want to push the blame onto Irish rail for themselves having a piss poor attitude towards other people. It's just deflection.


    Why can't we just all have the cop on to realise your seat may be reserved and if someone comes up to you, just say ya grand mate, was hoping it wasn't.
    Do we really need a light to tell us this.

    Don't go to the first 2 carriages. I seat in the last carriage and there is always seats at 5.25 Dublin to limerick or if not, there will be once the kildare commuters get off in 30 minutes.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    The customers ticket is the contract,

    A ticket is not a contract, it's merely a receipt of a contract made and proof of travel, however if we are going to delve into the legal world of contracts it should be noted that all contracts are subject to their T&Cs.


    Jamie2k9 wrote: »
    Yes and Irish Rail are failing to honor the contract with a failing reservation system.

    The T&Cs applicable specifically actually say IE are not obligued to give you any particular seat or indeed any seat at all even with a reservation, as such failure to provide a seat or any seat does not impose any liability for a failure to honour a contract.

    As such no "right" to any particular seat is created.


  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    Jamie2k9 wrote: »
    The inspector would need to provide notice of the reservation. The customers ticket would not be sufficient.

    Anyway Irish Rail pfficals have no interest dealin with such issues.

    Name and seat number is on the ticket which is enough..

    Did you ask them if they have any interest or is that just another of your assumptions which you try to disguise as knowledge?


  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    GM228 wrote: »
    A ticket is not a contract, it's merely a receipt of a contract made, however if we are going to delve into the legal world of contracts it should be noted that all contracts are subject to their T&Cs.





    The T&Cs applicable specifically actually say IE are not obligued to give you any particular seat or indeed any seat at all even with a reservation, as such failure to provide a seat or any seat does not impose any liability for a failure to honour a contract.

    As such no "right" to any particular seat is created.

    Why do they give a refund if your seat wasn't available to you?


  • Registered Users Posts: 8,925 ✭✭✭GM228


    Hilly Bill wrote: »
    Jamie2k9 wrote: »
    Jamie2k9 wrote: »
    Well as your are not breaking the law, what could the guards remove you for...

    Failing to comply with instruction of an Irish rail official, private property and well within their right to eject uku or call the Gardai .

    The inspector would need to provide notice of the reservation. The customers ticket would not be sufficient.

    Anyway Irish Rail pfficals have no interest dealin with such issues.

    Name and seat number is on the ticket which is enough..

    Legally it is not enough in relation to the scenario Jamie2k9 responded to.


  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    Hilly Bill wrote: »
    Why do they give a refund if your seat wasn't available to you?

    Because they would lose a lot of customers...
    Name and seat number is on the ticket which is enough..

    Did you ask them if they have any interest or is that just another of your assumptions which you try to disguise as knowledge?

    Well its not and no, very few staff would be prepared to deal with such a situation.
    _____

    IE just need to get the system sorted.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    Hilly Bill wrote: »
    Why do they give a refund if your seat wasn't available to you?

    They don't give a refund if you don't get your reserved seat. They give you a refund if they don't give you your reserved seat and you don't get a different seat as it is part of their Charter.


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  • Closed Accounts Posts: 1,119 ✭✭✭Jack Kanoff


    GM228 wrote: »
    Legally it is not enough in relation to the scenario Jamie2k9 responded to.

    Think you've actually lost yourself at this point


  • Registered Users Posts: 8,925 ✭✭✭GM228


    Think you've actually lost yourself at this point

    What gives you that idea?

    The reality is your statement "failing to comply with instruction of an Irish rail official, private property and well within their right to eject uku or call the Gardai" is totally incorrect without qualification.


  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    GM228 wrote: »
    They don't give a refund if you don't get your reserved seat. They give you a refund if they don't give you your reserved seat and you don't get a different seat as it is part of their Charter.

    They do.


  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    Jamie2k9 wrote: »
    Because they would lose a lot of customers...



    Well its not and no, very few staff would be prepared to deal with such a situation.
    _____

    IE just need to get the system sorted.

    It's simple, I've moved a few people in the past. One person shows the correct seat and carriage number and the other person gets asked nicely to move. Simples.
    You are doing a lot of assumptions again.


  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    GM228 wrote: »
    Legally it is not enough in relation to the scenario Jamie2k9 responded to.

    It is. If the time, date, coach, and seat number matches what's on the ticket then bingo you have just found your seat and the smug person sitting in it who tries to smart about it will be moved. By the time you go down the legal route and get your solicitor and the guards to meet you to defend your squatters right, you will be standing on a platform waving goodbye to the train.


  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    Hilly Bill wrote: »
    It's simple, I've moved a few people in the past. One person shows the correct seat and carriage number and the other person gets asked nicely to move. Simples.
    You are doing a lot of assumptions again.

    I agree they have but a lot of are just than bothered. Try find a host on a Cork train when you need them and you would see what I mean.
    It is. If the time, date, coach, and seat number matches what's on the ticket then bingo you have just found your seat and the smug person sitting in it who tries to smart about it will be moved. By the time you go down the legal route and get your solicitor and the guards to meet you to defend your squatters right, you will be standing on a platform waving goodbye to the train.

    Nope, it's extreme but does not change the fact you cannot be forced form you seat. The guards would not move the passenger either.


  • Registered Users Posts: 10,682 ✭✭✭✭Jamie2k9


    Irish Rail's reservation system only guarantees passengers a ticket to travel and the customer making the reservation is made aware before making payment.

    The seat is an extra provided:
    *Reservation System is Operating
    "Fellow Customers Kindness

    I agree people should move if required but IE have a duty to sort the problem out and the issue for the most part wouldn't exist. If they don't the NTA must penalize them via fares or contracts.

    Case Closed.


  • Registered Users Posts: 4,812 ✭✭✭Addle


    Irish rail are selling seats on carriages that don't exist! What recourse do I have over that? No alternative seat on the Westport to Dublin line last Saturday.


  • Closed Accounts Posts: 2,177 ✭✭✭PeterParker957


    Was anyone on the 7pm Heuston to Cork on Friday ? From about 6.40pm all seats had gone, regardless of who was in them.

    I was squashed against the very last luggage rack near the engine - if you had a seat reservation and got on a few mins before the off, there was no way you were sitting.


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  • Registered Users Posts: 6,039 ✭✭✭Hilly Bill


    Addle wrote: »
    Irish rail are selling seats on carriages that don't exist! What recourse do I have over that? No alternative seat on the Westport to Dublin line last Saturday.

    You get your money back. That's due to a change of set at the last minute. Where a train is normally a 4 piece, it could be only 3 piece due to them needing the other bit somewhere else For whatever reason.


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