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MTA won't waive $10 refund fee for Sandy-stranded LIRR riders

Posted by Gold_12TH on Fri Nov 16 01:14:04 2012

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MTA is refusing to waive its unpopular $10 penalty for Long Island Rail Road ticket refunds for travelers affected by superstorm Sandy -- even those who couldn't use their tickets because there were no trains to take.

The MTA is also not issuing any refunds for time-limit-based fare passes, including LIRR monthly tickets and seven-day or 30-day MetroCards.

"The MTA will not be issuing refunds for monthly or weekly tickets relating to Hurricane Sandy," MTA spokesman Adam Lisberg said. "The process for refunding unused commuter railroad tickets is unchanged."

The policy is "shameful," according to Dee Daloisio, of Huntington, who bought a round-trip LIRR ticket from Huntington to Jamaica on Oct. 22 for $14.50. Daloisio, a rehabilitation therapist, flew out of Kennedy Airport to Pittsburgh for a weeklong medical convention.

When Daloisio returned to New York the night of Oct. 28, she learned the LIRR had suspended all services hours earlier, so she was unable to use the return ticket home. When she wrote the LIRR seeking a refund, she was told that, minus the $10 processing fee, her ticket had no value.

"The whole reason the ticket couldn't be used was because the whole system was down," Daloisio said. "I think it's disgraceful that they have to reach new lows to generate revenue."

The LIRR implemented the $10 fee in January 2011 as part of a plan to increase fare revenue by 7.5 percent. The policy has been blasted by riders and elected officials as burdensome and unfair. The State Senate in May passed a bill to repeal the fee, but it was not voted on by the Assembly.

"Frankly, it doesn't make sense to me," said the bill's co-sponsor state Sen. Jack Martins (R- Mineola ), who added that state agencies have already extended deadlines for school tax payments and court appeals in recognition of Sandy being "a significant, traumatic event."

"The fact that the MTA hasn't followed suit is disappointing," Martins said.

Mark Epstein, chairman of the LIRR Commuter Council, said that while he is aware that waiving the fee for riders affected by Sandy could prove complicated and expensive for the MTA, "What's right is right."

"If you can't get a train because they're not running, then they shouldn't charge the penalty," Epstein said. "If you did not provide the service, somebody should be refunded. Whether it's your fault or not is not the question."

There are precedents for both waivers of the LIRR refund fee and extensions of MetroCard validity periods.

When a lightning strike disabled the LIRR's signal system at Jamaica Station on Sept. 29, the agency waived the $10 refund penalty, and even sent $10 checks to customers who were wrongly charged the fee.

And following a three-day strike by New York City Transit employees in 2005, the MTA extended the validity of MetroCards by three days.

---NEWSDAY

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(1186168)

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Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders

Posted by Nilet on Fri Nov 16 01:33:45 2012, in response to MTA won't waive $10 refund fee for Sandy-stranded LIRR riders, posted by Gold_12TH on Fri Nov 16 01:14:04 2012.

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I think it's well-established law that you can't charge for services not rendered.

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(1186178)

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Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders

Posted by Wallyhorse on Fri Nov 16 04:10:30 2012, in response to Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders, posted by Nilet on Fri Nov 16 01:33:45 2012.

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And in this case, if I were Cuomo, I would order that fee waived until January 31 for ALL tickets purchaed in 2012 to accommodate those who wanted refunds on tickets they were unable to use due to something totally beyond their control. This was an extreme circumstance that proved to be right as we have seen to pull all train and bus service to prevent problems that would have been far worse if transit had been forced to continue like some felt it should have been.

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(1186207)

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Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders

Posted by Broadway Lion on Fri Nov 16 07:47:27 2012, in response to Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders, posted by Nilet on Fri Nov 16 01:33:45 2012.

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The State is not responsible for Acts of God.


No Wait... New York has abolished God...



The State is not responsible for Force Majure

ROARING!

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(1186223)

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Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders

Posted by BrooklynBus on Fri Nov 16 09:00:49 2012, in response to Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders, posted by Nilet on Fri Nov 16 01:33:45 2012.

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If you beat the fare, then it's theft of services. If you pay for a service that is not provided, it is still theft of services. The same rationale should apply both ways. You shouldn't expect someone who paid for a service that didn't get it to pay for someone else who received the service but didn't pay, but it seems that is exactly what the MTA is doing by not offering refunds and charging penalties for services not provided.

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(1186269)

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Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders

Posted by randyo on Fri Nov 16 14:30:22 2012, in response to Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders, posted by BrooklynBus on Fri Nov 16 09:00:49 2012.

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Although the LIRR arm of the MTA may be exempt from any state regulation save for a possible class action lawsuit, the LIRr and M/N are under FEDERAL oversight and there may be FRA or ICC regulations that would apply in this case.

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(1186295)

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Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders

Posted by Joe V on Fri Nov 16 16:47:14 2012, in response to Re: MTA won't waive $10 refund fee for Sandy-stranded LIRR riders, posted by randyo on Fri Nov 16 14:30:22 2012.

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They can claim a pass is for unlimited travel. So travel to your hearts content when they do operate, in their minds, but balances out with days of no service.

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