Am I the only one who thinks it is unsatisfactory that different TOCs publish different versions of the Groupsave conditions, given that it is an interavailable product?
For example, the FCC version of the Groupsave T & Cs:
http://www.firstcapitalconnect.co.uk/tickets-and-fares/off-peak-tickets/groupsave/groupsave-tcs/
makes no mention of any 09:30 restriction.
Hypothetically, if the ticket had been purchased online, from the Southern website, in good faith, with itinerary and seat reservations [leaving aside the fact that the ticket would cost more due to the reduced discount percentage], then how exactly could the passenger possibly be expected to know that the ticket was invalid, given that the T & Cs he or she consulted appeared to permit it?
NRCoC Condition 12 said:
12. Restrictions on when you can travel
Restrictions apply to the use of some tickets (including those bought with a Railcard) in addition to/other than those in Condition 10 above such as the dates, days, and times when you can use them, and the trains in which they can be used. These restrictions will be made clear to you by the seller when you buy your ticket
The principle of unclear, opaque or contradictory publicly available conditions also applies to other matters. To give an example that is more favourable to the passenger, only a couple of TOCs make any mention in their Groupsave conditions of the little-known condition allowing 16 and 17-year-olds to travel as children as part of large groups of 10 or more. On the other hand, the Southern website claims that certain 'PB' Off-Peak Day Returns/ Travelcards prohibit BoJ, even though the T & Cs made available at the point of sale say that it is permitted unless the restriction code says otherwise (and the restriction code on the NRE website makes no mention of any BoJ restriction).
In such circumstances, what restrictions are enforceable, bearing in mind that information placed on Knowledgebase alone is not publicly available and so surely cannot form part of the contract for travel, unless the passenger is informed of the information at the point of sale, as indeed happened here? I do agree with tractakid that information on the Chiltern website alone is unlikely to be relevant to a ticket purchased elsewhere, for travel wholly on other operators.
If tractakid had purchased the Groupsave ticket in good faith, without being told by the seller or being otherwise aware that it might be invalid, and then used the ticket in good faith, he or she may have had a case for validity, or at any rate, acceptance of the ticket. As it is, however, having been informed of the restriction at the time of purchase, NRCoC Condition 12 has been fulfilled, and I would not advise attempting to use the ticket prior to 09:30, all the more so since the ticket has been marked to the effect that the passenger has been advised of the restrictions.