Regulation 9B Facilitating the making available of flight accommodation by another personF1

(1)

Where this paragraph applies, a person (“P”) must not in the United Kingdom facilitate the making available of flight accommodation by another person (“Q”) unless P is a person referred to in regulation 9(1)(b), (c) or (d).

(2)

Paragraph (1) applies where—

(a)

the flight accommodation is a component of a package of which P is the organiser and one of the arrangements relating to payment specified in paragraph (3) applies; or

(b)

(i)

P is acting in the course of business;

(ii)

the facilitation is not limited to arranging payment; and

(iii)

the arrangement relating to payment specified in paragraph (3)(a) applies.

(3)

The arrangements relating to payment are that P—

(a)

receives a payment in connection with the flight accommodation from a consumer which P passes in whole or in part to Q;

(b)

arranges for a payment in connection with the flight accommodation to be made by a consumer directly to Q; or

(c)

receives a payment from Q as a consequence of a flight accommodation booking made by a consumer.

F2(4)

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F3(5)

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Annotations

Textual amendments

F1: Regs. 9A, 9B inserted (1.7.2018) by The Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 2018 (S.I. 2018/670), regs. 1, 8(3)
F2: Reg. 9B(4) omitted (31.12.2020) by virtue of The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/278), regs. 1(3), 6(5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Reg. 9B(5) omitted (31.12.2020) by virtue of The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/278), regs. 1(3), 6(5); 2020 c. 1, Sch. 5 para. 1(1)