A person buying a Saveaway *has* bought the contractual right to travel, as evidenced by a ticket, on scheduled services within the National Rail network; namely, those services within the specified area, and this ticket is plainly a train ticket (that is to say, evidence of a contract for travel by rail) within the meaning of railway byelaws, the NRCoC, the franchise agreements, and the TSA. If it is valid on trains, then it is a train ticket, regardless of the fact that it may also be a ticket for other methods of transport as well, and subject to separate conditions relating to those alternative methods of transport.
Accordingly, the contract for travel by rail is with those TOCs operating services within the defined zones (having regard to NRCoC Condition 19), and the NRCoC forms part of that contract for travel.
Furthermore, the Merseyrail franchise holder (technically licence holder), Merseyrail Electrics 2002 Limited, is the very same company which operates Merseytravel, and is accordingly bound by the TSA, which states: http://www.atoc.org/clientfiles/files/RSPDocuments/TSA V9_4 - Main Agreement (Volume 1).pdf:
The Merseyrail website states:
http://www.merseyrail.org/about-merseyrail/revenue-protection-policy.aspx
Finally, a Saveaway can be issued on RSP orange stock, and, if so, the words "Issued subject to the National Rail Conditions of Carriage" will be printed on the reverse of the ticket, which would seem pretty conclusive.
Accordingly, the contract for travel by rail is with those TOCs operating services within the defined zones (having regard to NRCoC Condition 19), and the NRCoC forms part of that contract for travel.
Furthermore, the Merseyrail franchise holder (technically licence holder), Merseyrail Electrics 2002 Limited, is the very same company which operates Merseytravel, and is accordingly bound by the TSA, which states: http://www.atoc.org/clientfiles/files/RSPDocuments/TSA V9_4 - Main Agreement (Volume 1).pdf:
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.
(2) Exception
Sub-Clause (1) above does not apply to the extent that this is expressly permitted by the National Rail Conditions of Carriage or, as the case may be, the CIV Rules.
The Merseyrail website states:
http://www.merseyrail.org/about-merseyrail/revenue-protection-policy.aspx
andMerseyrail complies with the National Rail Conditions of Carriage 2012
without limitation as to ticket type, and I have no doubt that, if a passenger travelling on a Saveaway were to misplace their ticket or luggage, Merseyrail would have no hesitation in enforcing Conditions 2 and 4 of the NRCoC for tickets, or 50, 55, 56 and 57 for luggage, illustrating that they consider that travel is subject to the NRCoC.National Rail Conditions of Carriage, Section 1(a) Sub-section 1(b): Tickets remain the property of the relevant train company each is issued subject to the applicable byelaws
Finally, a Saveaway can be issued on RSP orange stock, and, if so, the words "Issued subject to the National Rail Conditions of Carriage" will be printed on the reverse of the ticket, which would seem pretty conclusive.
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