Citation and commencement

1. These Regulations may be cited as the Civil Aviation (Air Travel Organisers’ Licensing) (Amendment) Regulations 2018 and come into force on 1st July 2018.

Amendment of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012

2.The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012( 2 ) are amended as follows.

Citation and commencement

3. —(1) In regulation 1—

(a) in paragraph (2) omit “With the exception of regulation 10(f)”, and

(b) omit paragraph (3).

Review

4. —(1) In regulation 2(2) for “Council Directive 90/314/EEC 3 ) and Directive 2011/83/EU 4 ) and repealing Council Directive 90/314/EEC 5 )”.

(2) In regulation 2(4) omit “(other than regulation 10(f))”.

Interpretation

5. —(1) In regulation 4(1)—

(a) in the definition of “consumer” before “means” insert “includes a traveller and”;

(b) for the definition of “package” substitute—

“ “package” has the meaning specified in regulation 4A; ” ;

(c) insert the following definitions in the appropriate place—

“ “organiser”, in relation to a package means—

“ “Package Travel Regulations” means the Package Travel and Linked Travel Arrangements Regulations 2018 ( 6 ) ; ” ;

“ “retailer” means a trader other than the organiser who sells or offers for sale packages combined by an organiser; ” ;

“ “trader”, in relation to a package, means any person who is acting, including through any other person acting in their name or on their behalf, for purposes relating to their trade, business, craft or profession in relation to contracts covered by the Package Travel Regulations, whether acting in the capacity of organiser, retailer, trader facilitating a linked travel arrangement or as a travel service provider; ” ;

“ “travel service” means—

“ “traveller” means any individual who is seeking to conclude a contract, or is entitled to travel on the basis of a contract concluded, within the scope of the Package Travel Regulations; ” ; and

(d) omit the definitions of “Flight-Plus” and “Flight-Plus arranger”.

(2) In regulation 4(3) omit “and 74”.

Packages and procuring or facilitating flight accommodation

6. After regulation 4 insert—

“ 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—

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. ”

Manner of publication by the CAA

7. In regulation 8(1) for “is” substitute “must be”.

Who may make available flight accommodation

8. —(1) Regulation 9 is renumbered as paragraph (1) of that regulation.

(2) At the end of regulation 9 insert—

“ (2) A person established in the United Kingdom must not, in an EEA State other than the United Kingdom, make available flight accommodation as a component of a package unless that person is a person referred to in paragraph (1)(a), (b), (c) or (d). ”

(3) After regulation 9 insert—

“ 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) Paragraph (1) also applies to a person established in the United Kingdom who, in an EEA State other than the United Kingdom, procures flight accommodation on behalf of a consumer as a component of a package in the circumstances referred to in paragraph (2).

(4) For the purpose of paragraph (3), the reference in paragraph (1) to “the United Kingdom” is to be read as “an EEA State other than the United Kingdom”.

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) Paragraph (1) also applies to a person established in the United Kingdom who, in an EEA State other than the United Kingdom, facilitates the making available of flight accommodation by another person in the circumstances referred to in paragraph (2)(a).

(5) For the purpose of paragraph (4), the reference in paragraph (1) to “the United Kingdom” is to be read as “an EEA State other than the United Kingdom”. ”

Persons exempt from requirement to hold an ATOL

9. For regulation 10 (persons exempt from requirement to hold an ATOL) substitute—

“ 10. —(1) The following persons are exempt from the need to hold an ATOL—

(a) subject to regulation 15, an agent for an ATOL holder;

(b) a person who acts as a member of an accredited body and in accordance with the conditions of membership of that accredited body;

(c) an airline ticket agent, except when making available flight accommodation which constitutes a component of a package;

(d) a person who is established in an EEA State other than the United Kingdom and who is not a Flight-Only provider;

(e) a worker for an ATOL holder;

(f) the CAA;

(g) the trustees of the Air Travel Trust acting in their capacity as trustees;

(h) a person who is making available flight accommodation under and in accordance with the terms of a general business travel agreement which includes all current terms that have been published by the CAA under paragraph (2);

(i) a person making available flight accommodation occasionally on a not-for-profit basis to a limited group of consumers;

(j) a retailer established in the United Kingdom, who is making available flight accommodation as a component of a package as agent for an organiser who is exempt under sub-paragraph (d).

(2) The CAA may—

(a) publish terms to be included in a general business travel agreement for the purposes of paragraph (1)(h);

(b) publish a variation to any such terms, which must not come into force until at least 28 days after the date of publication.

(3) In this regulation, “general business travel agreement” means an agreement which is concluded between a trader and another person, for the purpose of booking travel arrangements in connection with that other person’s trade, business, craft or profession. ”

Power to exempt

10. In regulation 11(2) omit “that hold an ATOL”.

Restrictions on when flight accommodation may be made available

11. —(1) For regulation 15 (restrictions on when flight accommodation may be made available), substitute—

“ (1) A person cannot, in the capacity of an agent for an ATOL holder, rely on the exemption in regulation 10(1)(a) when making available flight accommodation which constitutes a component of a package unless both of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a) the person’s involvement in the creation of the package is limited to selecting or enabling a consumer to select from a closed group of travel services made available by the ATOL holder; and

(b) the ATOL holder (and not the agent for the ATOL holder) is responsible for and performs the obligations imposed on the organiser of the package under the Package Travel Regulations. ”

Supply of ATOL Certificate

12. —(1)Regulation 17 (supply of ATOL Certificate) is amended as follows.

(2) In paragraph (1)—

(a) omit “(other than the operator of the relevant aircraft or an airline ticket agent)”;

(b) after “who” insert “, in circumstances in which an ATOL is required to be held by them or another person under these Regulations,”;

(c) insert “or” after sub-paragraph (a);

(d) omit the “or” after sub-paragraph (b); and

(e) omit sub-paragraph (c).

(3) In paragraph (2), sub-paragraph (c), for “Flight-Plus” substitute “package”.

Meaning of specified method

13. —(1)Regulation 18 (meaning of specified method) is amended as follows.

(2) In sub-paragraph (a) after “to that consumer” insert “, or sending the ATOL Certificate or the confirmed ticket to that consumer by electronic communication,”.

(3) In sub-paragraph (b) for “email or some other equivalent electronic means” substitute “electronic communication”.

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

14. —(1)Regulation 20 (information to be provided to the consumer when making available flight accommodation) is amended as follows.

(2) After “makes available flight accommodation,” insert “in circumstances in which an ATOL is required to be held under these Regulations”.

(3) At the end of paragraph (b) insert “and”.

(4) For paragraph (c) substitute—

“ (c) the name of the ATOL holder and the ATOL number of the ATOL under which the flight accommodation is being made available. ”

(5) Omit paragraphs (d) and (e).

Regulation of Flight-Plus

15. Omit Part 3 (regulation of Flight-Plus).

Decisions to be made by Member

16. In regulation 50, omit paragraph (2).

Exclusions

17. Omit regulation 66 (exclusions).

Offences and penalties

18. In regulation 69(2)—

(a) after “regulation 9,” insert “9A, 9B,”; and

(b) omit “15,”( 9 ).

Due diligence defence

19. In regulation 70(1)—

(a) after “regulation 9,” insert “9A, 9B,”; and

(b) omit “15,”.

ATOL Certificates

20. Omit regulation 74.

Amendment of the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007

21. —(1)The Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007( 10 ) are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “consumer” before “means” insert “includes a traveller and”; and

(b) after the definition of “SBA renewal” insert—

“ “traveller” means any individual who is seeking to conclude a contract, or is entitled to travel on a contract concluded, within the scope of the Package Travel and Linked Travel Arrangements Regulations 2018 ( 11 ) . ” ;