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ABTA members should seek advice about ATOL requirements
It is important that travel agents and holiday companies should seek advice on whether they require an ATOL for the holidays they sell and the way they do business, according to ABTA.
The message from the association came in response to the Civil Aviation Authority’s detailed response to the court of appeal judgment on the need for ATOL protection for dynamic packages, as reported by TravelMole.
ABTA said members can get advice through its legal department or specialist travel lawyers.
But the association made it clear that the CAA “states what we know already – that dynamically packaged holidays involving flights require an ATOL licence”.
ABTA said: “This issue has never been in doubt. Not all dynamic or tailor made travel arrangements are packages and what the Judicial Review has made clearer for the industry is the set of circumstances that result in a package being created.
“It clearly stated that a package is sold when services are sold or offered for sale as components of a combination but not when they are sold or offered for sale separately. The court helpfully provided examples of how the different circumstances will apply.”
ABTA agreed with the CAA that consumers should seek advice on whether their holidays are protected.
The recently launched ABTA Protection Plan from ABTA members offers low cost holiday protection where travel arrangements are not already protected under the ATOL scheme or other financial protection.
Report by Phil Davies
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