PART 2KEY CONCEPTS

Chargeable passengers and exemptions

7Changes of circumstance beyond passengers' control

1

A passenger is a non-chargeable passenger in relation to a flight if, but for a change of circumstances beyond the passenger's control, the passenger would be a non-chargeable passenger in relation to the flight under any of sections 3 to 6 or regulations made under section 15.

2

Subsection (1) applies only if—

a

the passenger has a ticket for the flight, and

b

the change of circumstances arises after the ticket is issued or last amended.

3

A passenger is a non-chargeable passenger in relation to a flight (“flight F”) if—

a

the passenger is carried on flight F—

i

because of a change of circumstances beyond the passenger's control, but

ii

in the course of travel that is covered by an agreement for carriage,

b

the passenger has a ticket for every flight that is covered by the same agreement for carriage, and

c

the departure airport, date and time, and the arrival airport, for flight F are not shown on the ticket when the ticket is issued or last amended.

4

A change of circumstances is to be regarded as beyond a passenger's control if it is not attributable to an act or omission of the passenger.