Well that's a mature response.
...
NRCoC:
http://www.nationalrail.co.uk/static/documents/content/NRCOC.pdf
TSA:
http://www.atoc.org/about-atoc/rail-settlement-plan/governance/
Gatwick Express clearly isn't a train company; the NRCoC doesn't say it is. The NRCoC states Govia Thameslink Railway is a train company and that it uses multiple brand names. Condition 10 of the NRCoC allows train companies to restrict tickets to those of a particular train company. It does not permit brand restrictions....
Condition 10 states that a ticket can be restricted to, or prohibited from, use on the services of a particular Train Company and that if it is, the restriction will be noted on the ticket.
If you argue that Gatwick Express is not a Train Company, then condition 10 is not applicable, because it isn't a Train Company.
It could, however, also be argued that, whilst Gatwick Express is not a Train Company, it is operated by one Train Company and that the ticket is further restricted by "brand". This would of course mean that the "brand" restriction would not need to be shown on the ticket, but I can't see good reason to advocate that as it would only cause problems.
....They can't redefine train company; it's a term with an
inalienable meaning....
They may not be able to redefine "company", but they are not doing that, they are defining "Train Company" solely for the purposes of the NRCoC, because it is important to determine who "Train Company" refers to in the context of the NRCoC.
The number of contracts and legal documents that have a list of definitions is far higher than the number that don't, and those that do tend to have some fairly basic ones just for clarity. The TSA has many definitions for the purposes of the TSA, but I don't see you debating the legitimacy of them. I don't see how the NRCoC is any different.
....The
Ticketing Settlement Agreement (TSA) allows an operator to set operator specific fares; there is no provision within the TSA to allow an operator to set brand specific fares. The definition of operator is very clear; Govia Thameslink Railway is an operator....
They are allowed to restrict certain tickets to the services of one train operator, Southern (the "brand") services are the services of one train operator.
TSA said:
4.15 Dedicated fares
Subject to Clause 4-25 below (where this applies), each Operator may Create Dedicated Fares in respect of journeys on its own trains.
That's what they have.
....Govia Thameslink Railway are obliged to comply with the TSA; failure to do so would be a very serious matter indeed.
Indeed, and GTR have not faced any serious consequences as yet, Southern Railway Limited did not either.