Paragraph 5 Exceptions — recovery of direct costs
Subject to sub-paragraph (2), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—
valuable consideration specified in paragraph 1(3)(c); or
in the case of an aircraft owned in accordance with paragraph 6(2), valuable consideration which falls within paragraph 6(3);
is the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command, or by or on behalf of a body corporate of which the pilot in command is a director, provided that neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried.