First class upgrade on Spirit of Scotland travelpass

CC 72100

Established Member
Joined
23 Jan 2012
Messages
3,585
Morning all,

After a little bit of advice / a second opinion as my current reading of the Scotrail website is contradictory...

I will shortly be travelling around Scotland using a Spirit of Scotland Travelpass (on a priv, in case that has any relevance to my query, but I don't think it does) and would be interested in upgrading to first class on some of the longer individual journeys I'm making as part of that, making use of the current Scotrail first class upgrade offer.

The page for the upgrade says:

What you need to know
  • £5 upgrade to First Class one way
  • Travel between 2 - 31 March 2020, inclusive
  • Available on all intercity services
  • Valid alongside any ticket type purchased
  • Catering is subject to on board availability
(Source: https://www.scotrail.co.uk/first-class-£5-intercity-upgrade )


However, the page for the Spirit of Scotland says:

Can I upgrade to First Class with a travel pass?
No, you can't upgrade to First Class on any of our travel passes.
(Source: https://www.scotrail.co.uk/tickets/combined-tickets-travel-passes/spirit-of-scotland )

So my query is - I'd have thought that 'any ticket type' was a wide enough description to include rovers and rangers?

Or is it that the page is poorly-worded and should state that you can't upgrade the ticket as a whole, but you can on individual, point-to-point, journeys you may make whilst using the ticket?
 
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Kilopylae

Member
Joined
9 Apr 2019
Messages
100
Location
South-West England
Section 69 of the Consumer Rights Act 2015 states "If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail."

Plainly, this is a consumer notice that could be interpreted ambiguously, with the term "any ticket type" being the term that "could have different meanings." You should be free to request the upgrade under Section 69 of the Consumer Rights Act 2015.
 

Haywain

Established Member
Joined
3 Feb 2013
Messages
4,513
Section 69 of the Consumer Rights Act 2015 states "If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail."

Plainly, this is a consumer notice that could be interpreted ambiguously, with the term "any ticket type" being the term that "could have different meanings." You should be free to request the upgrade under Section 69 of the Consumer Rights Act 2015.
It can’t be a contract until consideration has been passed, and Scotrail could refuse that.
 

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