Business loss due to delay of a train
I got an offer to supply goods to a certain company and arranged a meeting in the buyers’ town in order to negotiate the purchase price. I booked a train to meet the buyer and the train was delayed to depart for ten hours. By the time I arrived in the buyer’s town, the deal had been cancelled due to my late arrival. I missed a deal of two hundred thousand US dollars due to the train’s delay to start the journey. Can I recover this from the train company?
KL, Kigoma
If the deal was so important you should have just flown, but that is, now, an afterthought!
Section 37 of the Railways Act, 2017 limits the liability of the Railways Corporation for passengers’ losses arising from the delay caused by failure to start or complete the journey within the set time. Where a train fails to start the journey within 24 hours from the time set, for whatever reason, the passenger is only entitled to a refund of the fare paid by him and no more compensation. In case of failure to complete the journey within 48 hours, the passenger is entitled to a refund of the fare paid by him or alternatively, the Corporation may provide the passenger with alternative means of transport available and affordable to the Corporation. The law protects the Railway Corporation against any claim for loss attributed to delay of a passengers’ train. Hence there is no way you can be compensated for the business loss you suffered due to the train’s delay to start the journey.