I really don't know what the 'consumer right' implications are matey, if I remember correctly it states that though. If I'm able to, I'll scan that T&C in and show you the image. The reason being I guess, every 17/18/19 year old girl/lad wouldn't have a clue how to use the spare/space saver and thus, would incur fee's and call outs each and every time they had a flat or a puncture. I would imagine it's a nice little earner if they charge extra for such a service. Obviously for every one driver with a puncture that's incapable of changing a lightly punctured tyre, there's five people with a blown head gasket, flat engine battery or blown ignition coil...
I'm with a company called AutoAid. They're very good, very cheap and operate a function where you pay the necessary fees upfront, then claim them back once you've been recovered etc. It's only about £35 a year iirc. I'm certainly not aware of them being their own recovery/breakdown company in their own right anyway, unless it's changed since I first took cover out with them.
Many performance cars don't carry a spare, the RS Clio 182's for example, because the exhaust pipes run through the lower boot. If you could prove that your car doesn't have a spare/space saver, I wouldn't think for a minute they would query a claim.