But, as Serco are under NO obligation to actually accept the All Line Rover product anyway, (it being a non-regulated leisure fare), then if the issue was to be pushed, they would be perfectly able to withdraw acceptance entirely. Would lose the revenue, but once the rover fare is distributed accordingly between all the TOCs, it's hardly worth accepting anyway, especially if it means another customer can avail of a full fare berth+ticket.
But they
are under an absolute obligation to accept the ALR, by virtue of Condition 10 of the NRCoC:,
10. Tickets valid only in trains of particular Train Companies
The validity of a ticket may:
a) be restricted to; or
b) prohibit
travel in the trains of a particular Train Company or Train Companies. Any such restriction or prohibition will be shown on the ticket.
by virtue of the Ticketing and Settlement Agreement, (under which it is considered to be both a ticket and an inter-available fare), and by virtue of their franchise agreement. However, the franchise agreement specifically permits an additional charge to be made for a sleeper berth.
It may be a non-regulated leisure fare, but, since it is an inter-available fare within the meaning of the TSA, they are nonetheless obliged to accept it in the same way that they are obliged to accept inter-available SVRs and CDRs for use on the Sleeper, whether regulated or not, regardless of revenue allocation, subject to applicable time restrictions and restrictions on class of travel.
http://www.transportscotland.gov.uk...ement EXECUTION COPY 23 May 2014_Redacted.pdf
4.2. The Franchisee shall ensure that the purchaser of any Inter-available Fare:
(a) shall be entitled, without further charge, to such rights of access and egress and other similar rights at the commencement and end of the relevant
intended journey or journeys as may be reasonably necessary for such purchaser to travel on the Passenger Services;
(b) shall not be required to incur any cost or take any action beyond the payment of an amount equal to the Price or Child Price (as the case may be) of such Inter-available Fare and, in relation to the issue of a Season Ticket Fare, the completion of such identity card as the Franchisee may reasonably require; and
(c) shall not be required to pay an amount in respect of a seat reservation or other similar right which it may be compulsory for such purchaser to have in order to make a journey with such Inter-available Fare on a Passenger Service.
4.3. The Franchisee shall procure that for Inter-available Fares, each such Fare shall be offered for sale at all staffed ticket offices at which Fares for a journey between the same origin and destination stations are sold and otherwise wherever and whenever any Season Ticket Fare is offered for sale, in each case, either by it or its agents (except persons acting in such capacity by virtue of having been appointed under Parts II to VI of Chapter 9 of the Ticketing and Settlement Agreement or by being party to the Ticketing and Settlement Agreement).
4.4. Subject to paragraph 4.3 the Franchisee shall permit passengers holding tickets for Inter-available Fares to use any unoccupied and unreserved seats and all accommodation (excluding Cabins), or alternatively to stand on services between Stations within or between Edinburgh and Fort William and between Aviemore and Inverness and that without having made a reservation.
5. Inter-available Fares
The Franchisee shall be a party to and shall remain a party to the Ticketing and Settlement Agreement throughout the Franchise Period. Inter-available Fares shall continue to be valid, subject to available seating, Pod and Berth capacity on the Passenger Services and the payment of any Franchise Service supplements that the Franchisee may choose to specify, to allow the passenger to travel on the Passenger Services.
I believe that the same principle applies to other inter-available rovers and rangers, so that, for example, a FOSS Rover is contractually valid on London Midland and Southern services within the defined area and subject to the applicable time restrictions, regardless of any denials by the TOCs concerned. I suppose it might be possible for Serco to comply with the letter of its obligations, whilst ignoring their spirit, by asking ATOC to impose special time restrictions that effectively bar use of the Sleeper and/or other Scotrail services.
I don't believe Serco are under any obligation to accept an ALR after it has ceased to be valid, although they would be obliged to accept a Condition 19(c) split involving an expiring ALR and a SOS/ SVS from the last station the train is scheduled to pass through before 04:30, subject to applicable time restrictions on the SVS.