39. Travelling in first class accommodation with a standard class ticket If you have a standard class ticket (other than a Season Ticket), no standard class accommodation is available, and ticket staff on that train give their permission, then you may travel in first class accommodation (or the equivalent) where this is available without extra charge.
On-train ticket staff will not give you permission to use first class accommodation (or the equivalent) unless they are satisfied that it is not required by anyone with a first class ticket and the standard class accommodation on the train is full. This permission may be withdrawn if a person holding a first class ticket requires the accommodation during your journey or standard class accommodation becomes available.
If you have a standard class ticket and you travel in first class accommodation without permission (which includes occupying seats or standing in any part of the carriage), you will have to pay:
(a) the difference between the price of that ticket and the price of the first class ticket for the accommodation you have used; or
(b) where Condition 4 (b) applies, a Penalty Fare.
If you have a standard class Season Ticket,
you may only travel in first class accommodation (which includes occupying seats or standing in any part of the carriage) if:
(a) the difference between the full single fare for first class accommodation and the full single fare for standard class accommodation has been paid before your journey starts;
(b) any other relevant supplement set out in the notices and other publications of the Train Companies has been paid before your journey starts;
(c) notices are displayed allowing passengers with standard class tickets to use first class accommodation; or
(d) on-train ticket staff have given you permission.
In all other cases, if you travel in first class accommodation (or the equivalent) with a standard class Season Ticket, you will be treated as having joined the train without a valid ticket, and the relevant parts of Condition 2 or 4 will apply.