The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012

[^key-acf5c81b3978a703620b3df95a590d04]: Word in reg. 69(2) omitted (1.7.2018) by virtue of The Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 2018 (S.I. 2018/670), regs. 1, 18(b)

[^key-f34955495c25c20f59cdbc26cae8dafd]: Words in reg. 70(1) inserted (1.7.2018) by The Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 2018 (S.I. 2018/670), regs. 1, 19(a)

[^key-5fab0141b491779d89cd1291a32fae85]: Word in reg. 70(1) omitted (1.7.2018) by virtue of The Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 2018 (S.I. 2018/670), regs. 1, 19(b)

[^key-99d80452e6aa39945d5376d736d48848]: Reg. 74 omitted (1.7.2018) by virtue of The Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 2018 (S.I. 2018/670), regs. 1, 20

[^key-f1f0b65885484e1d5d03617fb1a040ed]: Words in reg. 4(1) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 27(2) (with Sch. 4 paras. 16, 17)

[^key-4287ea0a732aaea66a35a4a3ecb63711]: Reg. 9(2) 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(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2c74823b46bd62e3c031b91c63544adf]: Reg. 9A(3) 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(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-082d0d9982d15be310b8aa4fec328b77]: Reg. 9A(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(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8898d0467f23532611e702c6d8dd9efb]: 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)

[^key-e477cfd9a80c8ca91d3481c22aaade61]: 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)

[^key-29f7b3940e136012cbbad40337c7fcc2]: Reg. 10(1)(d) 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(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b28a3bdff0847bba5e3465df96a4419b]: Reg. 10(1)(j) 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(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e6ecb9c606ae53b031258be7eb362b80]: Words in reg. 4(1) substituted (31.12.2020) by S.I. 2019/278, reg. 6(2) (as amended by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 37(2) (with Sch. 4 paras. 16, 17)); 2020 c. 1, Sch. 5 para. 1(1)

Definition of package

4A

• (1) In these Regulations, subject to paragraph (2), a “package” means a combination of at least two different types of travel service for the purpose of the same trip or holiday, if—

• (a) those services are combined by one trader, including at the request of, or in accordance with, the selection of the traveller, before a single contract on all services is concluded; or

• (b) those services are—

• (i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay,

• (ii) offered, sold or charged at an inclusive or total price,

• (iii) advertised or sold under the term “package” or under a similar term,

• (iv) combined after the conclusion of a contract by which the trader entitles the traveller to choose among a selection of different types of travel services, or

• (v) purchased from separate traders through linked online booking processes where—

• (aa) the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders; and

• (bb) a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service,

irrespective of whether the traveller concludes separate contracts with individual travel service providers.

• (2) A combination of travel services where not more than one type of travel service as referred to in sub-paragraphs (a), (b) or (c) of the definition of “travel service”, in regulation 4(1), (“the principal travel service”) is combined with one or more tourist services referred to in sub-paragraph (d) of that definition is not a package if the latter services—

• (a) do not account for a significant proportion of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the combination; or

• (b) are selected and purchased after the performance of the principal travel service has started.

• (3) In this regulation—

• “point of sale” means—any retail premises, whether movable or immovable;a retail website or similar online sales facility, including where retail websites or online sales facilities are presented to travellers as a single facility; ora telephone service.

Procuring flight accommodation and facilitating its availability

4B

These Regulations (other than regulations 9 and 16) apply to—

• (a) the procuring of flight accommodation on behalf of a consumer in circumstances where regulation 9A(1) applies; and

• (b) facilitating the making available of flight accommodation by another person in circumstances where regulation 9B(1) applies;

as they apply to the activity of making available flight accommodation and references to making available flight accommodation, and similar expressions, in these Regulations (other than in regulations 9 and 16) are to be read as including these activities.

Requirements for service of documents

Service by post etc

Electronic service by the CAA

Manner of publication by the CAA

Procuring flight accommodation as agent for the consumer

9A

• (1) Where this paragraph applies, a person (“A”) must not in the United Kingdom procure flight accommodation on behalf of a consumer (“B”) unless A is a person referred to in regulation 9(1)(b), (c) or (d).

• (2) Paragraph (1) applies where—

• (a) A is acting in the course of business; and

• (b) A is acting as agent for B.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Facilitating the making available of flight accommodation by another person

9B

• (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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons exempt from requirement to hold an ATOL

Power to exempt

Acting as agent for an ATOL holder

Acting as an airline ticket agent

Acting as member of an accredited body

Restrictions on when flight accommodation may be made available

Who may hold themselves out as being able to provide flight accommodation

Supply of ATOL Certificate

Meaning of specified method

Form and content of an ATOL Certificate

Information to be provided to the consumer when making available flight accommodation

Compliance

Requirement for a written agency agreement

Failure of an ATOL holder