Megabus claim in their Megatrain condition 10:
http://uk.megabus.com/terms.aspx#megatrain
to have, amongst other things, amended the NRCoC to bar refunds or rail travel vouchers for delays, to allow unilateral cancellations of the contract by the TOC and only by the TOC (as per
http://www.railforums.co.uk/showthread.php?t=69506, amongst other threads), and to allow for PFs (or Anytime Singles) when a passenger starts or stops short on their journey.
The legality of this is, in my view, profoundly dubious, given that conditions 13.5, 13.6 and 13.7 of the Stagecoach South Western Trains Limited franchise agreement
https://www.gov.uk/government/uploa...data/file/182167/sswt-franchise-agreement.pdf
states unequivocally that Megatrain tickets are subject to the Ticketing and Settlement Agreement. The TSA in turn defines the NRCoC as a singular document which applies to the contract for travel formed by the sale of a rail ticket and which cannot be unilaterally amended by any one TOC to the detriment of a passenger.
The Ticketing and Settlement Agreement states:
http://www.atoc.org/clientfiles/files/RSPDocuments/TSA V9_4 - Main Agreement (Volume 1).pdf
Ticketing and Settlement Agreement said:
8-12 CONDITIONS AND BYE-LAWS
(1) Prohibition on restricting the Purchaser's rights
An Operator must not publish any conditions which apply to the Purchaser of a Fare, Reservation or an Upgrade, and must not pass any bye-laws or operate any procedures, which restrict or purport to restrict the rights that the Purchaser would otherwise have under the National Rail Conditions of Carriage or the CIV Rules.
There is a section in the TSA which states that the NRCOC applies as supplemented, modified or replaced from time to time, but it is clear from the Schedules:
http://www.redtapechallenge.cabinet...s/2011/11/TSA-V9-3-The-Schedules-Volume-2.pdf
that this applies to official modifications rather than unilateral modifications.
Ticketing and Settlement Agreement Schedules said:
2.1(d) Tickets and Reservations covered by this Agreement shall be sold subject to the National Rail Conditions of Carriage...
TSA said:
27 NATIONAL RAIL CONDITIONS OF CARRIAGE
The Agent shall not waive or vary or purport to waive or vary the National Rail Conditions of Carriage or any other terms and conditions to which any Rail Product is subject
Not all of Megatrain condition 10 is in direct conflict with rights granted by the NRCoC, and, where no conflict exists, the Megatrain conditions would continue to apply as normal; indeed, Megatrain condition 10 itself acknowledges that the 'Megatrain' ticket is sold subject to the NRCoC, albeit subject to its so-called "clarifications and amendments". However, where an irreconcilable conflict does exist (as with the charging of PFs to passengers who 'stop short'), it is my opinion that the conflicting Megatrain condition is voided and the rights under the NRCoC prevail.
In short, therefore, I am not surprised that the Eastleigh passenger referred to by yorkie won his appeal, and strongly believe that the Clapham Junction passenger would also win any appeal, if it is not too late (or, at least in theory, a county court claim for recovery of the unlawful PF paid).
That said:
1) staff are never under any obligation to sell an excess fare if the passenger has passed an opportunity to pay, (such a refusal is most likely if fare evasion is suspected, in which case a passenger will likely be reported for prosecution);
2) a passenger who uses a Megatrain ticket to start or stop short does not present a valid ticket on demand (and so is guilty of the byelaw 18 offence),
3) a passenger who uses such a ticket with the intent to save money on the advertised A to B fare is almost certainly guilty of fare evasion, and;
4) notwithstanding the above extracts from the relevant regulatory documents, a passenger who is nonetheless charged a PF or Anytime Single, subject to unilateral cancellation of contract, or denied compensation for delays of more than 60 minutes, may face substantial practical difficulties in obtaining a remedy, since a county court claim carries significant financial risks and may not be cost effective.
For those reasons, I could not and do not advise that a passenger attempt to board at Trowbridge on a Megatrain ticket from Bath Spa to London Waterloo.