ATOL Protection
AST1.1 The ATOL holder must (and the ATOL holder must ensure that its agents* and AB members) ensure that:
a) the name shown on its ATOL (or a trading name notified to the CAA), its ATOL
Number and the ATOL Logo; or
b) for Accredited Body Members, the statement “(Accredited Body Member
trading name as notified to the CAA) is an Accredited Body Member of (Name
of Accredited Body)”, and the Accredited Body’s ATOL number and the ATOL
logo; and
c) the Statement:
“All the flights and flight-inclusive holidays in this brochure/on this website
(delete as appropriate) are financially protected by the ATOL scheme. When
you pay you will be supplied with an ATOL Certificate. Please ask for it and
check to ensure that everything you booked (flights, hotels and other services)
is listed on it. Please see our booking conditions for further information or for
more information about financial protection and the ATOL Certificate go to:
www.caa.co.uk
is stated clearly on all publicity material (including websites and brochures). *with the exception of the use of the ATOL logo
Where some but not all of the services available are ATOL protected
AST1.2
The ATOL holder must (and the ATOL holder must ensure that its agents* and AB members)
ensure that:
a) the name shown on its ATOL (or a trading name notified to the CAA), its ATOL
Number and the ATOL Logo; or
b) for Accredited Body Members, the statement “(Accredited Body Member
trading name as notified to the CAA) is an Accredited Body Member of (Name
of Accredited Body)”, and the Accredited Body’s ATOL number and the ATOL
logo; and
c) the Statement:
“Some of the flights and flight-inclusive holidays in this brochure/on this
website (delete as appropriate) are financially protected by the ATOL
scheme. But ATOL protection does not apply to all holiday and travel services
listed in this brochure/on this website (delete as appropriate). This brochure
shows you the protection that applies in the case of each holiday and travel
service offered. This website will provide you with information on the
protection that applies in the case of each holiday and travel service offered
before you make your booking. (delete as appropriate) If you do not receive
an ATOL Certificate then the booking will not be ATOL protected. If you do
receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for
information, or for more information about financial protection and the ATOL
Certificate go to: www.caa.co.uk”
is stated on all publicity material (including websites and brochures). *with the exception of the use of the ATOL logo.
AST1.3
ATOL holders that advertise ATOL protected services in broadcast media
(television/radio/cinema etc.) must, unless the CAA agrees an alternative that achieves
equivalent consumer clarity, ensure that the advert contains audible words “ATOL protected”
and that the ATOL protected logo and ATOL number are shown during the broadcast.
Information to be provided to customers before a contract is concluded
AST 1.4A
Wherever a consumer is invited to choose from a service that is ATOL protected or is available
to be combined into an ATOL protected service the ATOL holder must (and the ATOL holder
must ensure that its agents and AB members) ensure that the consumer is made aware, by
means of information displayed clearly and transparently and in close proximity to the display
of the price of the service, that the service is ATOL protected.
Where that licensable transaction constitutes a Single-contract Package this information must
be provided as soon as the consumer is invited to choose that package. Where that licensable
transaction constitutes a Multi-contract Package this information must be provided as soon as
the selections made by the consumer mean that the consumer is being invited to choose that
package. Where that licensable transaction is a Flight-Only, this information must be provided
as soon as the consumer has selected a date, origin and destination of a flight or flights.
AST1.4B
Wherever a consumer is invited to choose from a service that is ATOL protected or is
available to be combined into an ATOL protected service, the ATOL holder must (and the
ATOL holder must ensure that its agents and AB members) ensure that the consumer is
made aware, where this information is known to the ATOL holder at the time:
a) flight dates and departures and arrival times
b) departure and arrival airports (including any connecting airport if the flight is
indirect);
c) whether the flight is direct or indirect;
d) the name of the airline;
e) whether hold luggage forms part of the ATOL protected booking;
f) whether transfer services form part of the ATOL protected package; and
g) details, including price, of extra hold luggage allowance or transfer services
that can also be purchased.
This information must be displayed clearly, transparently and prominently. ATOL holders are
responsible for ensuring that its agent and AB members comply with this term.
Where that licensable transaction constitutes a Single-contract Package this information must
be provided as soon as the consumer is invited to choose that package. Where that licensable
transaction constitutes a Multi-contract Package this information must be provided as soon as
the selections made by the consumer mean that the consumer is being invited to choose that package. Where that licensable transaction is a Flight-Only, this information must be provided
as soon as the consumer has selected a date, origin and destination of a flight or flights.
AST 1.4C
As soon as reasonably practicable and in any event before a consumer concludes their offer
to buy an ATOL protected service or services the ATOL holder must (and the ATOL holder
must ensure that its agents and AB members) ensure that the consumer is made aware, by
means of information displayed clearly transparently and prominently, that the service is ATOL
protected and the name of the ATOL holder (or its trading name notified to the CAA) and its
ATOL number.
Where that licensable transaction constitutes a Single-contract Package this information must
be provided as soon as the consumer is invited to choose that package. Where that licensable
transaction constitutes a Multi-contract Package this information must be provided as soon as
the selections made by the consumer mean that the consumer is being invited to choose that
package. Where that licensable transaction is a Flight-Only, this information must be provided
as soon as the consumer has selected a date, origin and destination of a flight or flights.
AST1.4D
When an ATOL holder advertises travel services through a website operated by a third party
the ATOL holder must ensure that the information required by ASTs 1.4A, 1.4B and 1.4C is
provided to the consumer as soon as the consumer was invited to choose those travel services
and in any event before the contract with the consumer is concluded.
ATOL holder’s terms and conditions of booking, information relating to payment
requests (Invoices) and information relating to payment acknowledgment (Receipts)
AST1.5
The ATOL holder (or its agent or AB member on its behalf) must ensure that:
a) the terms and conditions upon which the ATOL holder enters into a licensable
transaction;
b) the terms and conditions which the ATOL holder holds out as terms upon
which it will enter into a licensable transaction; and
c) any receipts or invoices supplied by the ATOL holder for a licensable
transaction
each contain the ATOL holder’s name as shown on its 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.”
Where an ATOL holder produces a receipt for money paid by a consumer the ATOL holder
must identify which part of that money is protected by ATOL and which, if any, is not.
ATOL Certificates – changes to information
AST1.6
Where the information entered on an ATOL Certificate changes more than 72 hours before the
consumer is due to travel, the ATOL holder must (and the ATOL holder must ensure that its
agents and AB members) supply a new ATOL Certificate containing the up to date information
to the consumer as soon as possible and update this information on its business systems.
Where the information entered on an ATOL Certificate changes less than 72 hours before the
consumer is due to travel, the ATOL holder must (and the ATOL holder must ensure that its
agents and AB members) update and record those changes on their business systems.
Agreement with Consumer about form of ATOL protection
AST1.7A
The following term applies where the ATOL holder has a contractual or statutory obligation
(including as an organiser of a package) to provide a flight (and where applicable other travel
services) to a consumer whether concluded direct or through an agent or AB member.
The ATOL holder must ensure the terms of its agreements with its consumers requires the
consumer to accept and agree that if the ATOL holder fails, services to be provided by the
ATOL holder pursuant to a licensable transaction may, with the CAA’s prior agreement, be
provided by another ATOL holder or the consumer may be required to claim a refund under the
ATOL scheme. The following wording should be included in the ATOL holder’s terms of
business with consumers;
“We, or the suppliers identified on your ATOL Certificate, will provide you with the services
listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor
the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide
you with the services you have bought or a suitable alternative (at no extra cost to you). You
agree to accept that in those circumstances the alternative ATOL holder will perform those
obligations and you agree to pay any money outstanding to be paid by you under your contract
to that alternative ATOL holder. However, you also agree that in some cases it will not be
possible to appoint an alternative ATOL holder, in which case you will be entitled to make a
claim under the ATOL scheme (or your credit card issuer where applicable).”
Prohibition on transferring obligations under agreements with consumers without
agreement of the CAA
AST 1.7A2
Other than the clause required as set out in AST1.7A, the ATOL holder must not include a
clause in its terms of its agreement with consumers that enables, or purports to enable, the
ATOL holder to transfer its obligations to consumers in respect of a licensable transaction to
another person (whether or not that person is an ATOL holder) without the prior agreement of
the CAA.
Agreement with consumers of assignment of the consumer’s claim where the consumer
receives a benefit from the Air Travel Trust
AST1.7B
The following term applies where the ATOL holder has a contractual or statutory obligation
(including as an organiser of a package) to provide a flight (and where applicable other travel
services) to a consumer whether concluded direct or through an agent or AB member.The ATOL holder must ensure the terms of its agreement with the consumer require the
consumer to accept and agree that, if the ATOL holder fails and the consumer receives a
payment or benefit under the ATOL scheme, then receipt of such payment or benefit from the
Trustees of the Air Travel Trust is in return for assignment absolutely of the consumer’s claim
against the ATOL holder.
The following wording should be included in the ATOL holder’s terms of business with
consumers; “If we, or the suppliers identified on your ATOL certificate, are unable to provide
the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise)
for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or
confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment
or benefit you assign absolutely to those Trustees any claims which you have or may have
arising out of or relating to the non-provision of the services, including any claim against us,
the travel agent (or your credit card issuer where applicable). You also agree that any such
claims may be re-assigned to another body, if that other body has paid sums you have claimed
under the ATOL scheme.”
Sales through Agents of ATOL holders or Members of an Accredited Body
Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to:
Gary Marshall
Golf In Scotland T/A Fore Golf Holidays
17h Burnhouse Industrial Estate
Whitburn
EH47 0LL
Tel: 0131 202 4380
www.golfinscotland.co.uk