Public transport and aerial work – exceptions – recovery of direct costs
268 (1) Subject to paragraphs (2) and (3), a flight is a private flight if the only valuable consideration given or promised for the flight or the purpose of the flight is one or more of the following:
(a) valuable consideration specified in article 262(1); [rental costs]
(b) in the case of an aircraft owned in accordance with article 269(2) [jointly owned], valuable consideration which falls within article 269(3); [contribution to group funds] or
(c) 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.
(2) Neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried on the flight.
(3) If valuable consideration specified in article 262(1) [rental costs] is given or promised the flight is a public transport flight for the purposes of Part 3 and Part 4 (other than articles 37(2) and 39(2)) [i.e. has to be on a public transport C of A if it's not an EASA aircraft]
A you'll note from para (2), the "genuine choice" you describe in the OP is necessary.
Last edited by bookworm; 26th Jun 2012 at 07:24.