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(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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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