Agency ATOL & GDPR Agreement
THIS AGENCY AGREEMENT is made BETWEEN () AND BALKAN HOLIDAYS LIMITED/ ATOL 0252 APPOINTING () AS BALKAN HOLIDAYS LIMITED/ ATOL 0252 AGENT AND PURSUANT TO ATOL REGULATIONS 12 AND 22 ON 24 Apr 2019.
The definitions used in this Agreement have the same meaning as those used in the ATOL Regulations 2012 (as amended), and additionally:
ABTA Ltd, The Travel Association.
Air Travel Organisers' Licence issued by the Civil Aviation Authority.
ATOL Certificate -
A document that complies with the requirements specified in regulation 19 of the ATOL Regulations.
ATOL Regulations -
The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (as amended).
Civil Aviation Authority.
Lead Name -
The person over the age of 18 years named as the first person on the booking form, who alone instructs the agent to change names, amend the booking details, or cancel the booking and who is liable for full payment of the Travel Arrangements booked and all other changes, including amendment and cancellation charges.
Licensable Transaction -
An offer made by a consumer (or their agent) to purchase flight accommodation for one or more persons on a flight which is accepted by an air travel organiser and constitutes an activity in respect of which that air travel organiser is required to hold an ATOL.
A package holiday as defined in the Package Travel and Linked Travel Arrangements Regulations 2018.
Travel Arrangements -
Air or other transport tickets, accommodation, car hire, package holidays and any other travel services supplied by the Supplier/ Principal ATOL holder.
(i) The Supplier/ Principal ATOL holder acts as contract principal for the supply of Travel Arrangements under this Agreement.
(ii) By this Agreement the Supplier/ Principal ATOL holder appoints the Agent as its non-exclusive agent for the retail sale of the Supplier/ Principal ATOL holder's Travel Arrangements within the United Kingdom.
(iii) The Agent accepts its appointment and agrees to sell the Supplier/ Principal ATOL holder's Travel Arrangements (which shall include not failing to process any purchase request made by a client through any of its sales channels) and perform the other obligations set out in this Agreement.
This Agreement shall come into force on the date of this Agreement and shall continue indefinitely, unless terminated earlier in accordance with the provisions of Clause 10 below.
4. ATOL SCHEDULE OF AGENCY TERMS
(i) In accordance with Regulation 22 of the ATOL Regulations the terms set out in Schedule 1 are included in this Agreement.
(ii) In the event of any conflict between the clauses in the main body of this Agreement and the Schedule, the clauses in the Schedule shall take precedence to the extent of any conflict only.
5. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement between the parties, except in respect of bookings already confirmed by the Supplier/ Principal ATOL holder before the date of this Agreement, in which case any prior agreement or arrangement shall apply to those bookings.
See also Agency Terms 1 and 11 in Schedule 1.
6. FINANCIAL PROTECTION
The Supplier/ Principal ATOL holder confirms that the arrangements for the protection of consumers’ monies with respect to the Supplier/ Principal ATOL holder’s products sold under this agreement are as follows:
Licensable products: protected under ATOL number 0252
Non-package products. Flight only is protected under ATOL number 0252. Accommodation only is protected by means of bond with ABTA.
7. DUTIES OF THE AGENT
The Agent agrees to:
(i) Product display
Display brochures, other promotional material, adverts or products supplied to it by the Supplier/ Principal ATOL holder in its premises or on its website as appropriate;
(ii) Sales promotion
Promote and use its reasonable endeavours to increase sales of the Supplier/ Principal ATOL holder's Travel Arrangements to existing and potential clients;
(iii) Disclosure of Supplier/ Principal ATOL holder
State clearly that it acts as Agent for the Supplier/ Principal ATOL holder and state the Supplier/ Principal ATOL holder’s name and ATOL number (if appropriate), on all dedicated publicity material and relevant documents.
Dedicated publicity material means that on which the Agent holds itself out as being able to make available the Travel Arrangements as Agent for the Supplier/ Principal ATOL holder.
Relevant documents mean those issued by the Agent that form or evidence the formation of a contract between the client and the Supplier/ Principal ATOL holder.
See also Agency Terms 2.1 and 2.2 in Schedule 1.
(iv) Information to be provided for package holidays
Provide to the Lead Name, in respect of Packages organised by the Supplier/ Principal ATOL holder, all the information required by Regulations 5, 6 and 7 of the Package Travel and Linked Travel Arrangements Regulations 2018. This must be provided in a clear, comprehensible and prominent manner; and where the information is provided in writing, in a legible form.
The information and the point at which it must be given is set out in Schedule 2 to this agreement.
(v) ATOL Certificates
(a) Undertake not to accept payment for the making available of flight accommodation without supplying to the client an ATOL Certificate on behalf of the Principal ATOL holder.
(b) Supply the ATOL Certificate within the required timescale:
In the case of a person who is present, providing it to that person or sending it to them by electronic communication at the time payment is made;
In the case of a person who is not present, immediately sending it to that person by electronic communication;
In the case of a person who makes a booking by telephone, immediately sending it by electronic communication, or immediately posting it to that person.
Notify the Principal ATOL holder and give sufficient information to enable it to issue an ATOL Certificate, and provide it to the client in accordance with sub-paragraph (b) above
Create an ATOL Certificate, using the correct form and correctly completing all required information, and provide it to the client in accordance with sub-paragraph (b) above, and immediately notify the Principal ATOL holder that this has been done [and provide a copy to the Principal ATOL holder].
(d) Forward to the client immediately any amended ATOL Certificate as directed by the Principal ATOL holder.
(e) provide the Lead Name with an ATOL Certificate in its own name, if it creates its own Package.
See also Agency Terms 2.1, 3 and 8 in Schedule 1.
(vi) Booking form and payment
(a) Ensure that a booking form is signed by the Lead Name and a deposit as agreed is taken or, in the case of a late booking within the balance due date, the full cost of the Travel Arrangements, before confirming the booking with the Supplier/ Principal ATOL holder; and
(b) Thereafter, keep safe the signed booking form for at least 6 years and to provide on request, copies of the same to the Supplier/ Principal ATOL holder at any time within that period;
(vii) Booking conditions
(a) Ensure that the Lead Name is referred to the booking conditions set out in the Supplier/ Principal ATOL holder's brochure, website or as appropriate before any booking is taken by the Agent;
(b) Not amend the Supplier/ Principal ATOL holder’s booking conditions.
(viii) Receipts and Confirmations
Provide the Lead Name with
a) A receipt following the purchase of any Travel Arrangements, stating the amount taken on behalf of the Supplier/ Principal ATOL holder, that the Agent acts as Agent for the Supplier/ Principal ATOL holder and naming the Supplier/ Principal ATOL holder; and
b) The confirmation document issued by the Supplier/ Principal ATOL holder.
See also Agency Term 2.1, 2.3 and 6 in Schedule 1. The requirements are also summarised below:
(a) Any receipt or invoice supplied must contain the ATOL holder’s name on their ATOL (or trading name notified to the CAA), ATOL Number and a statement in the following form:
“Your Financial Protection - When you buy an ATOL protected flight or flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.”
(b) Any receipt supplied must identify which part of the money paid by the client is protected by the ATOL holder’s ATOL and which, if any, is not.
(c) The Agent must, where it has sold a Package, notify the ATOL holder so that the ATOL holder can produce a Confirmation. This must be passed to the client immediately it is received by the agent. It must be received by the client within 3 days of the agent accepting payment from the client.
If any of the information on the Confirmation changes the ATOL holder must produce a revised Confirmation. The Agent must pass it to the consumer immediately it is received from the Supplier/ Principal ATOL holder.
Ensure that the Lead Name is specifically advised of the insurance available through the Supplier/ Principal ATOL holder or advised of an alternative of at least equal standard, appropriate for that client's requirements, which the client shall be required to purchase at or before the time of entering into a contract with the Supplier/ Principal ATOL holder;
(x) Amendments notified by Supplier/ Principal ATOL holder
(a) Notify the Lead Name immediately in writing (and by telephone if notification occurs less than 14 days before departure) of all corrections and amendments advised by the Supplier/ Principal ATOL holder (whether advised by the Supplier/ Principal ATOL holder in writing or orally) in respect of that client's booking;
(b) Ensure that any instructions regarding written amendments to the Supplier/ Principal ATOL holder's brochures, promotional material or other documentation held by the Agent are acted upon expeditiously.
(xi) Special requests
(a) Ensure that when a client makes a special request in respect of a booking, this request is promptly and accurately notified to the Supplier/ Principal ATOL holder in writing; and
(b) Undertake not to make any verbal or written assurances to a client that any special request shall be complied with;
(xii) Telephone bookings/late bookings
Ensure that where clients make telephone bookings or book late the steps outlined in sub-clauses (vi), (vii), and (viii) are satisfied as soon as possible after confirmation by the Supplier/ Principal ATOL holder.
In particular, the Agent shall ensure that a copy of the Supplier/ Principal ATOL holder’s booking conditions is:
(a) delivered to the Lead Name in person; or
(b) sent to the Lead Name's address no later than the next working day;
(xiii) Notification of cancellation and amendment requests by clients
Ensure that all requests by a client to amend or cancel a booking are passed on to the Supplier/ Principal ATOL holder in writing on the day on which they are received;
(xiv) Cancellation and amendment procedure
Inform the Lead Name of any obligations to pay cancellation/amendment charges where a client requests the cancellation or amendment of a booking.
(xv) Collection and remittance of monies due
(a) Collect from clients all deposits, balances, cancellation charges, amendment fees and all other monies payable by clients in accordance with the Supplier/ Principal ATOL holder's booking conditions [as published from time to time] and to remit those monies as shown on the Supplier/ Principal ATOL holder's confirmation invoice, cancellation invoice or amendment invoice as applicable to the Supplier/ Principal ATOL holder by their due date.
If the Agent is unable to collect the balance payment from a client at least 8 weeks prior to departure, the Agent shall immediately notify the Pre-departure Department in writing, whereupon the Supplier/ Principal ATOL holder reserves the right to treat that booking as cancelled and issue a cancellation invoice.
(b) The Agent shall not release to the client any tickets, vouchers or coupons until correct payment has been received from the client.
(c) The Agent agrees to remit monies due to the Supplier/ Principal ATOL holder.
(xvi) Agent's liability
Remain personally liable to the Supplier/ Principal ATOL holder for monies which it has failed to collect in accordance with the terms of this Agreement and the Supplier/ Principal ATOL holder's booking conditions, where a booking has been confirmed by the Supplier/ Principal ATOL holder without:
(a) collecting a deposit and/or balance from the client; or
(b) collecting the total cost of the Travel Arrangements in the case of a late booking; or
(c) collecting any other sums due under the client's contract with the Supplier/ Principal ATOL holder such as amendment fees;
(xvii) Agent's Indemnity
Keep the Supplier/ Principal ATOL holder indemnified against all claims and liabilities brought against or incurred by the Supplier/ Principal ATOL holder attributable to acts or omissions of the Agent or its employees or sub-agents, howsoever occurring.
a) Use reasonable endeavours to resolve client complaints of a minor nature.
b) Advise the Supplier/ Principal ATOL holder immediately of any complaint by a client in relation to the Travel Arrangements (including any complaint to a Trading Standards Department or a regulatory or trade body);
(ixx) Duty to forward
(a) Forward immediately to the Supplier/ Principal ATOL holder any communication or correspondence received from a client, and
(b) forward immediately to the client
• any refunds, and
• any communication or correspondence
received from the Supplier/ Principal ATOL holder.
(xx) Duty not to misuse Supplier/ Principal ATOL holder's name/trademark
Not make use of the Supplier/ Principal ATOL holder's name, trademarks or ATOL number in any unlawful or unauthorised way, or allow any third party to do so.
Not book the Supplier/ Principal ATOL holder’s Travel Arrangements on behalf of any third party not authorised by the Supplier/ Principal ATOL holder to purchase such Travel Arrangements.
(xxii) Compliance with laws and regulations
Comply with all relevant laws and regulations, including the Package Travel and Linked Travel Arrangements Regulations 2018, the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012, the Consumer Protection from Unfair Trading Regulations 2007 and the ABTA Code of Conduct (including any amendments), insofar as they affect the Agent’s activities. The Agent also agrees to keep the Supplier/ Principal ATOL holder indemnified against any and all loss, damage, costs or claims suffered by the Supplier/ Principal ATOL holder as a result of any non-compliance by the Agent.
See also clause 9 on data protection.
8. THE SUPPLIER/ PRINCIPAL ATOL HOLDER'S UNDERTAKINGS
The Supplier/ Principal ATOL holder hereby undertakes to:
(i) Provision of brochures
Provide to the Agent sufficient brochures and other promotional material in relation to the number of bookings placed by the Agent;
(ii) Brochure compliance
Ensure that all brochures and other promotional material published by the Supplier/ Principal ATOL holder comply with the requirements of civil and criminal law;
Hold the Agent indemnified against any liability arising from the failure of the Supplier/ Principal ATOL holder to comply with the provisions of sub-clause (ii) above and any liability arising from the Supplier/ Principal ATOL holder’s failure to perform or properly perform its contract with a client.
See also Agency Term 12 in Schedule 1.
(iv) Confirmation of bookings
Confirm each booking request by:
(a) Issuing a confirmation invoice to the Agent within 7 days from the date of booking; or
(b) Confirming the booking immediately on Viewdata, if such facility is available, and/or the Supplier/ Principal ATOL holder’s On-Line-Booking System via its Website and then complying with the provisions of sub-clause (a) above;
See also Agency Term 2.1 in Schedule 1. The requirement is summarised
The Supplier/ Principal ATOL holder shall, if the booking is a package, issue a Confirmation, which must contain:
• Lead name
• Flight times
• Flight numbers
• Departure and arrival airports
• Name of air carrier (i.e. airline)
• Name and location of accommodation
• Other ground arrangements e.g. car hire, transfer, tours, entrance tickets
• Total price of package
• The unique reference number of the relevant ATOL Certificate
Pay commission on each booking made by the Agent with the Supplier/ Principal ATOL holder at the applicable rate, subject to the following:
(a) No commission shall be payable until the Supplier/ Principal ATOL holder has issued a confirmation invoice or confirmed the booking in accordance with its booking conditions; and
(b) No commission shall be payable if a client cancels his travel arrangements, save that the Agent shall be entitled to receive commission on any forfeit deposits or cancellation charges payable by the client, provided such payment has been made by that client.
The mechanism for payment of commission is as agreed between the Agent and the Supplier/ Principal ATOL holder and set out at Schedule 3 of this Agreement.
Issue and dispatch tickets and/or vouchers to the Agent at least 14 days before the due departure date for the Travel Arrangements.
In the case of late bookings, the Supplier/ Principal ATOL holder may make alternative arrangements for tickets and/or vouchers to be received by clients in time for their departure.
9. DATA PROTECTION
(i) In this clause the following definitions apply:
(a) Agreed Purposes: means the agreed purposes to enable the parties to fulfil their respective obligations under the terms of this Agreement and all connected activities relating to the same, i.e. for the purposes of processing the Client(s) booking for which the personal data is to be held;
(b) Controller, data controller, processor, data processor, data subject, personal data, processing and appropriate technical and organisational measures: have the same meaning as set out in the Data Protection Legislation in force at the time;
(c) Data Protection Legislation: (i) the Data Protection Act 1998, until the effective date of its repeal (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK, and (iii) any successor legislation to the Data Protection Act 2018 and the GDPR;
(d) Permitted Recipients: means the parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement (including suppliers of travel arrangements);
(e) Shared Personal Data: means the personal data to be shared between the parties under clause 1.2 of this agreement to enable the parties to fulfil their obligations under the terms of this Agreement.
(ii) Shared Personal Data. This clause sets out the framework for the sharing of personal data between the parties as data controllers. Each party acknowledges that one party (the Data Discloser) will regularly disclose to the other party (the Data Recipient) Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
(iii) Effect of non-compliance with Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation and, not by any act or omission, put the other party in breach of them in connection with this Agreement. Any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, constitute a material breach of this Agreement for the purposes of Clause 10.
(iv) Particular obligations relating to data sharing. Each party shall:
ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
give full information of the nature of such processing to any data subject whose personal data may be processed under this agreement. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
process the Shared Personal Data only for the Agreed Purposes and shall not retain or process the Shared Personal Data for longer than is necessary to carry out the Agreed Purposes;
not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; or (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
(v) Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
a) consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
b) promptly (and at the latest within 7 days of receipt) inform the other party about the receipt of any data subject access request;
1) provide the other party with reasonable assistance in complying with any data subject access request;
2) not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
(e) assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation, and provide assistance in relation to managing/dealing with the breach;
(g) at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the personal data;
(h) use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
(i) maintain complete and accurate records and information to demonstrate its compliance with this clause, and;
(j) provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach and the regular review of the parties' compliance with the Data Protection Legislation.
(vi) Indemnity. Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
(i) Either party may terminate this Agreement at any time on giving at least 28 days' written notice to the other party.
(ii) Either party may terminate this Agreement immediately on giving written notice to the other party if:
(a) the other party commits any material breach of this Agreement; or
(b) the other party commits a breach of this Agreement and fails to remedy to the satisfaction of the non-breaching party, within 7 days of receiving a written request to do so, that breach; or
(c) clause 9 (iii) applies; or
(d) in one party's reasonable opinion, there is any repeated or persistent failure by the other party to provide service of a sufficiently high standard to clients booking Travel Arrangements.
(iii) This Agreement shall terminate immediately without notice if:
(a) the other party suspends or ceases trading or indicates that it intends to cease trading or becomes unable to pay its debts as they fall due; or
(b) the other party has a receiver or liquidator appointed, or passes an effective resolution for winding up (except for the purpose of amalgamation, reconstruction or reorganisation) or a Court makes an order to that effect or a similar event occurs; or
(c) distress or execution is levied against the property of the other party.
(d) the Agent ceases to be a member of ABTA, or where they are not a member of ABTA, fails to provide evidence of financial protection by means of an ATOL licence or Bond.
(iv) If this Agreement is terminated for any reason save those set out at sub-clauses (iii)(a), (b) and (c), the termination shall not apply (at the Supplier/ Principal ATOL holder's discretion) in relation to bookings confirmed by the Supplier/ Principal ATOL holder to the Agent before the effective date of termination and the rights and obligations of the parties under this Agreement in respect of such bookings shall survive the termination and be enforceable notwithstanding it.
The terms of this Agreement may only be varied in writing, signed by duly authorised representatives of both parties.
Neither party may assign the benefit of this Agreement without the prior written consent of the other.
Any notice required to be given under this Agreement shall be sent by fax, first class post or email to:
(a) BALKAN HOLIDAYS LIMITED/ ATOL 0252, in the case of the Agent; or
(b) () in the case of the Supplier/ Principal ATOL holder; or
(c) Such other address, fax number or email address as either party may from time to time notify to the other in writing.
14. GOVERNING LAW
This Agreement is governed by the laws of England and Wales, Northern Ireland and Scotland and both parties agree to submit to the jurisdiction of the English, Scottish and Northern Ireland courts at all times.
15. RIGHTS OF THIRD PARTIES
Save as set out in Agency Term 9 of Schedule 1, nothing in this contract confers or
purports to confer on any third party any benefit or any right to enforce any term of
this contract, pursuant to the Contract (Rights of Third Parties) Act 1999.
AGREEMENT BETWEEN [NAME OF AGENT] AND BALKAN HOLIDAYS LIMITED/ATOL 0252 APPOINTING () AS BALKAN HOLIDAYS’ AGENT PURSUANT TO ATOL REGULATIONS 12 AND 22.
The definitions used in this agreement have the same meaning as those used in the ATOL
Regulations 2012 (as amended).
Additionally, ‘Licensable Transaction’ means an offer made by a consumer (or their agent)
to purchase flight accommodation for one or more persons on a flight which is accepted by
an air travel organiser and constitutes an activity in respect of which that air travel
organiser is required to hold an ATOL.
Duration of Agreement
Agency Terms 3, 5, 8, 9 and 13 remain binding on the agent even if the Principal ATOL holder has failed.
Extent of obligations
The obligations of all parties to this agreement extend only to the parties’ conduct in respect of licensable transactions.
Priority of Agency terms published by CAA
Pursuant to AST2.2 and Agency Term 1 no agency term negotiated between the principal ATOL holder and the agent may contradict or purport to contradict the CAA’s mandated terms and any that do so will be void.
Agency Term 1
By making available flight accommodation to consumers in the capacity of an agent, in accordance with ATOL Regulations 9, 10 and 12 the agent is deemed to have agreed to the terms of the written agency agreement between the principal ATOL holder and its agent.
The terms of the agency agreement include terms mandated by the CAA to be agreed between principal ATOL holders and agents for principal ATOL holders making available flight accommodation as agents of that principal ATOL holder. Principal ATOL holders and agents cannot agree, whether in writing, by conduct or otherwise, any terms which contradict, or purport to contradict the terms mandated by the CAA.
The agent must keep a copy of this agency agreement for the period it is in force and for 12 months after it expires or is terminated.
Agency Term 2
2.1 Agents must comply with ATOL Standard Term 1 as if they applied directly to the agent (as applicable) and any requirements to set out the principal ATOL holder’s name and number should be read as requirements to set out the agent’s principal’s name and ATOL number.
For the avoidance of doubt, agents are not permitted to use the ATOL logo without the permission of the CAA.
2.2 The agent must at all times identify the selling, protecting principal ATOL holder on all publicity material (including websites and brochures) that identify a flight or flight inclusive package which the agent is holding out it can make available to consumers.
2.3 Where the agent produces a receipt for money paid by a consumer the agent must identify which part of that money is protected by the principal ATOL holder’s ATOL and which, if any, is not.
Agency Term 3
The agent will, if requested by the CAA, report to the principal ATOL holder the unique reference number of each ATOL Certificate supplied by it, along with the corresponding ATOL holder’s reference number, where it acts as agent for the principal ATOL holder and where the transaction with the consumer was a Flight-Only or a package. If requested to do so by the CAA at any time, and including after the failure of the principal ATOL holder, the agent will provide this information to the CAA.
Agency Term 4
The agent will provide any information requested by the principal ATOL holder necessary to enable the principal ATOL holder to comply with the ATOL Standard Terms or any term of its ATOL.
Agency Term 5
Any payment received by the agent from consumers, for services owed by the principal ATOL holder to the consumer, is received and held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust but subject to the agent’s right and obligation to make payment to the principal ATOL holder for so long as the principal ATOL holder does not fail. If the principal ATOL holder fails the agent confirms it will continue to hold consumer payments on behalf of the Trustees of the Air Travel Trust and without any right or obligation to pay the same to the principal ATOL holder.
Agency Term 6
6.1 Where an agent makes available flight accommodation as the agent of a principal ATOL holder, the agent must ensure an ATOL Certificate is supplied to the consumer immediately and in accordance with ATOL Regulation 17, regardless of whether the ATOL Certificate is produced by the principal ATOL holder or produced by the agent on behalf of the principal ATOL holder. However, if an agent organises a package which includes that flight accommodation, the agent must immediately supply a package ATOL Certificate to the consumer in the agent’s own name.
6.2 Where an agent makes available a package as agent of a principal ATOL holder, the agent must additionally obtain a Confirmation (see AST1.11) from the ATOL holder and, once obtained, pass it immediately to the consumer by the method set out below.
Where an agent receives any revised Confirmation from the principal ATOL holder, it will immediately pass it to the consumer by the method set out below.
Note: The method for the supply of a Confirmation means:
(a) in the case of a consumer who is present at the time the agent receives the Confirmation, immediately handing it to that consumer or sending it to that consumer by electronic communication;
(b) in the case of a consumer who is not present at the time the agent receives the Confirmation, immediately sending it to that consumer by electronic communication or by post.
Agency Term 7
When accepting payments in respect of transactions the agent would need an ATOL to transact if the agent were not the agent of the principal ATOL holder, agents may only accept payment from consumers as defined in the ATOL Regulations 2012.
Agency Term 8
Immediately upon the failure of the principal ATOL holder, the agent will provide the CAA with information on:
(a) money paid to it by consumers, in respect of services to be provided for future travel by the principal ATOL holder to consumers, and
(b) the ATOL Certificate unique reference numbers issued by that agent which apply to that failed ATOL holder, in a form acceptable to the CAA.
Agency Term 9
The rights of the CAA and the Trustees of the Air Travel Trust to enforce any obligations under this agreement on either party are not excluded. For the avoidance of doubt, they may be enforced by the CAA and the Trustees of the Air Travel Trust.
Agency Term 10
An agent is not permitted to appoint a sub-agent to perform its obligations as an agent of the principal ATOL holder on the agent’s behalf.
Agency Term 11
If a new or revised Schedule of Agency Terms is published by the CAA in its Official Record Series 3 those new or revised terms will immediately take effect and must be included in the terms of the agency agreement between the Principal ATOL holder and the agent within 3 calendar months of the publication date.
Agency Term 12
If the principal ATOL holder fails to comply with its obligations to a consumer and by reason thereof the agent incurs a liability or obligation to the consumer, the agent shall be indemnified by the principal ATOL holder against all consequences following from such a failure.
Agency Term 13
If requested by the CAA the agent will provide any information regarding the principal ATOL holder referred to in AST 4 which it holds to the CAA on demand.
The information required by clause 7(iv):
(a) Product information
Before a contract for a Package is concluded, provide the following information, where applicable to the Package.
1. The main characteristics of the travel services specified in paragraphs 2 to 10.
2. The travel destination, the itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included.
3. The means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections.
4. Where the exact time of departure and return is not yet determined, the organiser and, where applicable, the retailer, must inform the traveller of the approximate time of departure and return.
5. The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination.
6. The meals which are included in the package.
7. The visits, excursions or other services included in the total price agreed for the package.
8. Where it is not apparent from the context, whether any of the travel services are to be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group.
9. Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services are to be carried out.
10. Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, the precise information on the suitability of the trip or holiday considering the traveller’s needs.
11. The trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address.
12. The total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear.
13. The arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller.
14. The minimum number of persons required for the package to take place and the time-limit, referred to in regulation 13(2)(a), before the start of the package for the possible termination of the contract if that number is not reached.
15. General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination.
16. Information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with regulation 12(1) to (6).
17. Information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.
(b) Information on the key rights of Packages
Before a contract for a Package is concluded, provide the following information:
Note: where the use of hyperlinks is possible, parts 2 and 3 can be provided by hyperlink.
PART 1 General
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to the packages. Company XY/ companies XY will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, company XY/ companies XY has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
PART 2 Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
• The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.
PART 3 The Package Travel and Linked Travel Arrangements Regulations 2018
The organiser or the retailer must provide the address of the website where a copy of the Package Travel and Linked Travel Arrangements may be found.
(c) The Package Contract
The Agent must ensure that the package travel contract sets out the full content of the package and includes the information set out below.
When the package travel contract is concluded, or without undue delay after its conclusion, the Agent must provide the Lead Name with a copy or confirmation of the contract on a durable medium.
Where the contract is concluded in the simultaneous physical presence of the parties, the Agent must provide to the Lead Name a paper copy of the package travel contract if the traveller so requests.
Where an off-premises contract is concluded, the Agent must provide a copy or confirmation of that contract to the Lead Name on paper or, if the Lead Name agrees, on another durable medium.
All the information set out in (a) of this Schedule 2 and:
1. Any special requirements of the traveller which the organiser has accepted.
2. Information that the organiser is—
(a) responsible for the proper performance of all travel services included in the contract in accordance with regulation 15;
(b) obliged to provide assistance if the traveller is in difficulty in accordance with regulation 18.
3. The name of the entity in charge of the insolvency protection and its contact details, including its geographical address, and, where applicable, the name of the competent authority designated by the member State concerned for that purpose and its contact details.
4. The name, address, telephone number, e-mail address and, where applicable, the fax number of the organiser’s local representative, of a contact point or of another service which enables the traveller to contact the organiser quickly and communicate with the organiser efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the package.
5. Information that the traveller is required to communicate any lack of conformity which the traveller perceives during the performance of the package in accordance with regulation 15(3).
6. Where minors who are unaccompanied by a parent or another authorised person travel on the basis of a package travel contract which includes accommodation, information enabling direct contact by a parent or another authorised person with the minor or the person responsible for the minor at the minor’s place of stay.
7. Information on available in-house complaint handling procedures and on alternative dispute resolution pursuant to Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) and, where applicable, on the alternative dispute resolution entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8. Information on the traveller’s right to transfer the contract to another traveller in accordance with regulation 9.
The Supplier/ Principal ATOL HOLDER will send the appointed Agent a confirmation invoice showing the Agent’s commission and the nett revenue due. The Agent will pay this money to the Supplier/Principal ATOL HOLDER via the agreed method.