My Golf Tour Ltd is a company registered in England and Wales, company number 12306695, trading at 124 City Road, London, EC1V 2NX.
“We/us” Means “Your Company”
“The Event” Means any holiday, accommodation, activity or function organised or advertised by us.
“You” Means the person who has signed the booking form and includes all the people on whose behalf you have signed.
“Supplier” Means the company or person that is holding or providing the event or any part of it.
“Price” Means the total cost of the event.
1. Terms and Conditions
These terms and conditions govern the contract between you and us to the exclusion of all other terms and conditions save for those implied by law, and no variation to these terms and conditions shall be valid unless in writing and signed by you and the company director.
2. Formation of Contract
No contract shall arise between you and us until we have received the deposit payable and we have sent to you written confirmation (This can be in the form of an email) of our acceptance of your booking.
3. Lead Name
The lead name on any booking with us accepts the full responsibility of collecting the full balance payable for the booking and indemnifies My Golf Tour Ltd against any loss from any individual failing to pay within your group. The lead name of the group is also responsible for ensuring that all group members are aware they are bound by our terms and conditions. The lead name is also responsible for the completion of the online guest list on behalf of all persons on the booking. It is understood that those booking via email or telephone agree to, and accept our terms and conditions.
4. Payment & Deposits
Deposits are payable at the time of booking* and the balance of payments are split into the following phases:
i) An agreed non-refundable non-transferable deposit is payable at the time of booking or an agreed later date.
ii) The final balance is to be paid no less than 56 Days (Eight Weeks) before the date upon which your event is due to start. Failure to pay by this date will result in a 10% admin fee per person late payment charge.
If you do not make your deposit payments by the due dates given, then you shall be deemed to have cancelled the event. Deposits are used by us to enter into the contractual arrangements on your behalf and are non-refundable. Payments can be made with a valid Credit Card or Debit Card, online bank transfers or cheque(s) made payable to My Golf Tour Ltd where upon receipt we will endeavour to place the booking for you at the same price, although this cannot be guaranteed. We will however notify you should there be an increase in price. If a promised cheque is not received or does not clear upon presentation we hold the right to cancel the reservation. Non-clearing or returned unpaid cheque will incur a £50.00 transaction charge.
5. Cancellation by Us
We may cancel the event or any part of it:
for safety reasons if we or our supplier(s) regard adverse weather conditions or other safety concerns as unacceptable and which cannot reasonably be overcome; If we reasonably believe that you may cause harm or damage to our reputation or to the reputation of our suppliers or to property belonging to our suppliers; If a supplier or suppliers are unable to host the event for any reason; If changes you wish to make to the booking mean it is uneconomical or impractical to hold the event. If we cancel the whole of the event we shall use our best endeavours to rearrange the event on a mutually convenient date, or provide a refund to you of the cost to us of the event. Save as above we shall be under no further liability to you for cancellation of the event or any part of it.
6. Cancellation by You
You may cancel your booking within a period of 14 Days after the initial deposit however this initial deposit is non-refundable. After 14 Days you may cancel your booking however all deposits and (if applicable) any additional payments made to date on the booking are non-refundable. All cancellations must be made in writing from the lead name on the booking. After 7 Days the amount of the cancellation fee is calculated according to the date on which we receive written notice of your wish to cancel. If you cancel with us more than Three Weeks in advance of the travel date then the cancellation fee is a minimum of 35% the total booking cost, or the total amount paid to us at that time on the booking. If you cancel with us within one week of the travel date then the cancellation fee is 100% of the total cost of the booking.
7. Failure to Provide an Event
If, due to reasons beyond our control, an event is unable to take place due to (but without limitation); closure of premises, the ceases of trading, a change in supplier management, weather restrictions, we will provide you and your group with an alternative event and if this is does not prove possible, a refund to you of the cost to us of the event.
8. Accommodation
If your booking includes accommodation, the named accommodation will remain confidential to My Golf Tour Ltd and only be disclosed to you upon receipt of the completed secondary deposit and written confirmation from the supplier.
9. Meals
Breakfast is not included with accommodation bookings unless otherwise stated. The type of breakfast you will receive will be confirmed upon arrival at your accommodation (this may be hot or cold regardless of your quotation). Restaurant meals may require a pre-order to be completed by the lead name of the group. This should be completed and returned to us, or the venue as required. If a pre-order has not been completed, we accept no liability for meals not provided or delays in providing the meals for you. You will not automatically be sent any menus and menus may be of limited choice from a set-menu for groups. We will endeavour to meet any specialist dietary requests for any member of your group, but cannot guarantee these requests. We accept no liability if our suppliers are unable to meet these requests in advance, or once at the venue. If your group arrives late then we accept no liability.
10. Alterations + Surcharges Applied By Us
If due to circumstances beyond our control it becomes necessary to substitute an alternative supplier, or make any other alterations to the event (including accommodation) we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in the view of My Golf Tour Ltd so substantial as to materially alter the event and you are unwilling to accept them then you may cancel the event and we will give a refund of the cost of the event to us. Surcharges may be applicable where an event requires a minimum number of participants to proceed, and the group does not meet this minimum number. This could lead to the cancellation of the event of which we are not held responsible and alternatives may be offered of an equal or greater value. If this value is greater, then you must pay us the difference in price. If the final number of a group is an odd number, then a single supplement surcharge will apply if the booking or an event (including accommodation) which is number dependent.
11. Alterations made by You
We shall try to accommodate any reasonable changes you wish to make to the event. Alterations and amendment requests should be made with us and not end suppliers and should be made in writing to us by the lead name. These changes shall not be deemed accepted until we have confirmed in writing to you. If you wish to increase or decrease the number of persons participating in the event you may do this up to six weeks prior to the date upon which your event is due to start. Amendments after that date will incur our administration charge of £50.00 per person. Changes such as arrival / departure dates and destination changes will also be subject to our administration charges. We cannot guarantee that the change to the price will be pro-rata, but will depend upon the arrangements we are able to make with our suppliers. Subject to our written agreement you may transfer your booking to a person who satisfies all the conditions applicable to the event.
12. Your Obligations
You shall always behave in a safe, responsible and courteous manner; comply with all instructions; regulations and codes of practice issued by us or our suppliers; ensure that you comply with all age restrictions imposed by our suppliers; ensure that you comply with all arrival times, and dress appropriately for the event. If you breach these obligations we may cancel or curtail the event or any part of it and in those circumstances, you shall not be entitled to any refund. You shall take out insurance suitable for your needs (including delays for events involving travel by land, sea, or air) before the event.
13. Our Obligations
We shall take reasonable care and skill in arranging the event and comply with all applicable laws in relation to the event; where ever possible, re-schedule the event instead of cancelling or offer a refund to you of the cost to us of the event. All of the photographs and illustrations we use on our website and in literature (including quotations) we send you are for marketing purposes and may not entirely represent the actual products received.
14. Customer Feedback
If you have a problem whilst on your booking then you must contact the appropriate person(s) at the earliest opportunity, for example accommodation / restaurant manager. Unless there is a valid reason why you did not report your problem to the appropriate person(s), we will not consider ourselves liable for those complaints. If they are unable to resolve matters to your satisfaction then you must write to us within 7 days of the conclusion of the event. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the event and the services we have provided to you. We will acknowledge any correspondence within 5 working days and endeavour to deal with the complaint as quickly as possible.
15. Contracts (Rights of Third Parties) Act 1999
No part of this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.
16. Free Place Promotion
Where offered, one free place shall be allocated to both parties (more than one group booking) if each booking meets the minimum required numbers stated on the individual booking(s) paying the full per person price. Both groups must pay in full (based on the minimum requirements) in order for this promotion to apply.
17. Jurisdiction
This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.
18. Changes to these Terms and Conditions
We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms, except for reservations already made
19. ATOL
1.1 ATOL Regulation 5: Requirements for service of documents
In accordance with ATOL Regulation 5(2) the email address to which electronic documents may be served on the CAA under the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012, (as amended) (“ATOL Regulations 2012”) is atolonline@caa.co.uk
1.2 ATOL Regulation 11: Exemptions from the ATOL Regulations 20121
1.2.1 Class exemptions: In accordance with ATOL Regulation 11, class exemptions granted by the CAA are included here. Any class exemptions granted by the CAA from time to time after the date of publication of this Official Record Series 3 are published at www.atol.org.uk.
01/2018 – SMALL AIRCRAFT, SPORTING EVENT, CARRIAGE OF ANIMALS, REPLACEMENT TRANSPORT AND BALLOON/ AIRSHIP EXEMPTION
1. Subject to paragraph 2 the Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (as amended) (“ATOL Regulations 2012”), exempts any person who makes available flight accommodation:
a) in an aircraft with a maximum approved passenger seating configuration of 19 or less;
b) on any flight to or from the grounds where a sporting event is taking place, on which the only passengers carried are persons travelling in connection with attendance at the event;
c) to persons carried for the purpose of attending to animals during the flight, and persons returning from having attended to animals on a previous flight;
d) to persons who have booked to travel by means of public transport other than air and are unable to do so by reason of circumstances beyond the control of the operator of that transport; or
e) on any flight by a hot air balloon or airship;
from the need to hold an Air Travel Organiser’s Licence.
2. This exemption does not apply where:
a) The persons specified under (1)(a), (1)(b) and (1)(e) make available flight accommodation which forms part of a package as defined by the ATOL Regulations 2012; or
b) The persons specified at (1)(a) make available flight accommodation more than three times in a calendar month or the flights are advertised as if they were a scheduled air service.
3. Exemption Number 01/2012 is here by revoked.
4. This exemption came into force on 9 June 2018.
Civil Aviation Authority 8 June 2018
1 Persons may be exempt from the need to hold an ATOL by reason of ATOL Regulation 10 or by an exemption granted by the CAA under ATOL Regulation 11. Details of those persons exempt by reason of ATOL Regulation 10 are included in the ATOL Regulations
02/2012 – TECHNICAL PROBLEM AND CODE SHARE EXEMPTION
1. The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts any operator of an aircraft who holds:
a) valid Operating Licence granted pursuant to Regulation (EU) Number 1008/2008 on the Licensing of Air Carriers as retained (and amended in UK domestic law) under the European Union (Withdrawal) Act 2018; or
b) a valid Permit granted under the Air Navigation Order by the Secretary of State; or
c) a valid Air Transport Licence;
from the need to hold an Air Travel Organiser’s Licence in the circumstances specified in paragraph 2.
- The circumstances referred to in paragraph 1 are where the operator makes available accommodation on a flight which it does not or will not operate itself but:
a) it is authorised to provide the services on which flight accommodation is or will be made available, and where it reasonably believed at the time of first making available, or holding itself out as a person who may make available flight accommodation, it would be the operator of the flight; or
b) in the case of an operator which is a member of the International Air Transport Association (“IATA”), it accepts liability to the customer for any payment accepted in respect of that flight accommodation.
3. This exemption came into force on 30 April 2012.
David Moesli
for the Civil Aviation Authority 5 April 2012
06/2012 – WHOLE PLANE SALES EXEMPTION
- Subject to paragraphs (2) and (3), the Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended (“ATOL Regulations 2012”), exempts any person who makes available flight accommodation consisting of the entire capacity of one or more aircraft to a consumer (as defined in the ATOL Regulations 2012) from the need to hold an Air Travel Organiser’s Licence.
- This exemption does not apply in circumstances where the flight accommodation forms part of a package as defined by the ATOL Regulations 2012.
- The exemption does not apply where the person buying the flight accommodation (B) will make it available to another person (C) and accept any payment in relation to it unless the person making the flight accommodation available (A) to (B) took all reasonable steps and exercised all due diligence to enquire of the person buying the flight accommodation (B) whether they will make it available to another person (C) and accept any payment in relation to it and (A) has satisfied itself that that is not the case.
- This exemption came into force on 30 April 2012.
- Paragraph 2 of this exemption was made on 15 February 2019 to correct typographical errors.
David Moesli
for the Civil Aviation Authority 5 April 2012
07/2012 – FORMER MEMBERS OF AN ACCREDITED BODY – EXEMPTION TO ENABLE AB MEMBERS TO COLLECT CONSUMER PAYMENTS
- The Civil Aviation Authority, in exercise of its powers under Regulation 11(1) of the Civil Aviation Authority (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts any former member of an Accredited Body whose membership has been terminated or is suspended but only for the purpose of collecting payments due from the former AB member’s customers in respect of transactions concluded by the former AB member as an AB member of that Accredited Body from the need to hold an Air Travel Organiser’s Licence.
- This exemption came into force on 30 April 2012.
David Moesli
for the Civil Aviation Authority 5 April 201
02/2018 – FLIGHT-ONLY TICKET FULLY PAID EXEMPTION
- Subject to paragraph 4, the Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts any person who makes available flight accommodation in the circumstances set out in paragraph 2 or 3 from the need to hold an Air Travel Organisers’ Licence.
2. This exemption applies if the person making available flight accommodation:
a) purchases the flight accommodation from the operator of the aircraft on which the flight accommodation is made available; and
b) pays the full cost of the flight accommodation charged by the operator to the operator at the time of purchase, and the operator immediately issues a confirmed ticket which the person immediately supplies to the consumer; and
c) states clearly on all invoices and receipts issued in respect of that flight accommodation: – “This sale is not protected under the ATOL Scheme”.
3. Alternatively, this exemption applies if the person making available flight accommodation:
a) purchases the flight accommodation from the operator of the aircraft on which the flight accommodation is made available using the services of a fully automated flight reservation system;
b) pays the full cost of the flight accommodation charged by the operator to the operator at the time of purchase via that reservation system;
c) the operator immediately issues a confirmed ticket which is immediately received by the consumer; and
d) states clearly on all invoices and receipts issued in respect of that flight accommodation: – “This sale is not protected under the ATOL Scheme”.
4. This exemption does not apply if:
a) the flight accommodation is made available as part of a package; or
b) the operator of the aircraft on which the flight accommodation is made available states in its terms of business, or anywhere, that it reserves the right to refuse to carry a person that purchased flight accommodation on aircraft it operates other than direct from its website or where that flight accommodation was made available by a person other than the operator.
c) Exemption Number 10/2012 is here by revoked.
5. This exemption came into force on 1 July 2018.
6. Paragraph 1 of this exemption was made on 15 February 2019 to correct typographical errors
Civil Aviation Authority 8 June 2018
03/2018 – ATOL CERTIFICATE EXEMPTION FOR PACKAGES SOLD ON CREDIT
1.The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended (“ATOL Regulations 2012”), exempts any person who makes available flight accommodation as part of a package in circumstances where:
a) the flight accommodation is made available to a consumer (as defined by the ATOL Regulations 2012); and
b) no payment is received for the package until after the consumer has completed the package which may or may not mean the consumer has returned to the original departure point;
from the need to supply an ATOL Certificate.
2.Exemption Number 03/2013 is here by revoked.
3.This exemption came into force on 1 July 2018.
Civil Aviation Authority 8 June 2018
04/2013 – OVERSEAS EXEMPTION
- Subject to paragraphs (2) and (3) The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts any person who makes available flight accommodation in circumstances where:
a) the first leg of the trip, in which flight accommodation is made available with another flight or other transport service on the same booking, commences other than from the Republic of Ireland, outside the United Kingdom; or
b) the only transport service included in the consumer’s booking was a flight departing an airport other than from an airport in the Republic of Ireland, outside the United Kingdom;
from the need to hold an Air Travel Organiser’s Licence.
2. This exemption does not apply to a person who makes available flight accommodation which forms part of a package.
3. This exemption only applies if that person states on invoices and receipts that it issues in respect of the flight accommodation it makes available: – “This sale is not protected under the ATOL Scheme”.
4. In this exemption“trip” means acollection of travel and other tourist services purchased by a consumer on one booking with one travel and tourist service provider.
5. This exemption came into force on 11 October 2013.
David Moesli
for the Civil Aviation Authority 30 September 2013
05/2013 – CORPORATE SALES EXEMPTION
1. This exemption was revoked on 1 July 2018
Civil Aviation Authority 8 June 2018
04/2018 – CREDIT SALES EXEMPTION FOR FLIGHT-ONLY
- Subject to paragraphs (3) and (4), The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended (“ATOL Regulations 2012”), exempts any person who makes available flight accommodation as a Flight-Only when:
a) the flight accommodation is made available to a consumer (as defined by the ATOL Regulations 2012): and
b) no payment is received for the flight until after the consumer has completed the trip which may or may not mean the consumer has returned to the United Kingdom, from the need to hold an Air Travel Organiser’s Licence.
2. This exemption only applies if that person states on invoices and receipts that it issues in respect of the flight accommodation it makes available: – “This sale is not protected under the ATOL Scheme”.
3. This exemption does not apply in circumstances where the person making available flight accommodation, whether as agent or principal, makes that flight accommodation available as part of a package as defined by the ATOL Regulations 2012.
4. Exemption Number 06/2013 is hereby revoked.
5. This exemption came into force on 1 July 2018.
Civil Aviation Authority 8 June 2018
05/2018 – IATA Accredited Agents Selling Flight-Only
- Subject to paragraph 5, the Civil Aviation Authority, in exercise of its powers under Regulation 11(2) of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended (“ATOL Regulations 2012”), exempts any International Air Transport Association (“IATA”) Accredited Agent specified in paragraph (2), that makes available flight accommodation from the need to hold an Air Travel Organiser’s Licence.
2. The person referred to in paragraph 1 is any person who makes available flight accommodation where that person is authorised by the relevant airline to do so in accordance with IATA Passenger Sales Agency Rules but only where:
a) that person is making available flight accommodation to a consumer and not making it available to a third person who intends to make the ticket available to another person; and
b) that person issues a confirmed ticket to the consumer by the specified method (as defined in ATOL Regulation 18); and
c) that person states on invoices and receipts that it issues in respect of the flight accommodation it makes available “This flight is sold as Agent of the Airline(s) named on the ticket and is not protected under the ATOL scheme”.
3. The relevant airline means the airline named on the ticket or a code share/interline partner of that airline.
4. A person is authorised by the relevant airline under IATA Passenger Sales Agency Rules (as that term is used in paragraph 2) if
a) the person
i) has met: –
(aa) financial criteria for the United Kingdom as set out in the current IATA Travel Agent’s Handbook as published from time to time;
(bb) the applicable local criteria for IATA accreditation; and (cc)
has signed a sales agency agreement or agreements in accordance with IATA Passenger Sales Agency Rules;
or
ii) has met the qualifications for IATA accreditation, has signed a sales agency agreement or agreements in accordance with IATA sales agency rules and is an ATOL holder;
and
b) the relevant airline has given that person Ticketing Authority (as defined by Resolution 866 of the IATA Travel Agent’s handbook as published by IATA, notifying the IATA Billing and Settlement Plan (“BSP”) that that person may sell its tickets on its behalf and has not revoked that notification.
5. The persons specified in paragraph 2 are not exempt from the need to hold an Air Travel Organisers’ Licence in circumstances where the person making available flight accommodation which forms part of a package as defined by the ATOL Regulations 2012.
6. Exemption Number 01/2014 is here by revoked.
7. This exemption came into force on 1 July 2018.
Civil Aviation Authority 8 June 2018
06/2018 – PACKAGE LESS THAN 24 HOURS
1. The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012, as amended (“ATOL Regulations 2012”), exempts any person who makes available flight accommodation as part of a package in circumstances where:a)
a) the duration of the package is less than 24 hours and does not involve either
i. an overnight stay or
ii. travel outside of the UK.
2. This exemption came into force on 1 July 2018.
Civil Aviation Authority 8 June 2018
01/2020 – SALES TO PERSONS SELLING UNDER A GENERAL BUSINESS TRAVEL AGREEMENT EXEMPTION
1. Subject to paragraphs (3) and (4), the Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended (“ATOL Regulations 2012”), exempts any person who makes available flight accommodation in the circumstances set out in paragraph 2 from the need to hold an Air Travel Organiser’s Licence.
2. This exemption applies if the person (A) makes available flight accommodation to a person (B) who will sell the flight accommodation on to another person (C) under and in accordance with the terms of a “general business travel agreement”.
3. This exemption only applies if (A) has taken all reasonable steps and exercised all due diligence to enquire of the person (B) buying the flight accommodation whether (B) will make the flight accommodation available to another person (C) under and in accordance with the terms of a general business travel agreement, and (A) has satisfied itself that this is the case.
4. This exemption only applies if (A) states on all invoices and receipts that it issues in respect of the flight accommodation it makes available: – “This sale is not protected under the ATOL Scheme”.
5. In this exemption, “general business travel agreement” has the same meaning as that used in Regulation 10 of the ATOL Regulations 20121
6. This exemption came into force on 18 September 2020.
Civil Aviation Authority 18 September 2020
1: Regulation 10 of the ATOL Regulations 2012 states “…”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.”
1.2.2 Specific Exemptions
| Exempt Firm | Aircraft Operator (if specified) | Validity Dates (o.e – open ended) |
| Shell UK Ltd | 8 June 2018 – o.e. | |
| Total E&P UK PLC | 8 June 2018 – o.e. | |
| Flying Without Fear Ltd | 30 April 2012 – o.e. | |
| J4 Mobillity Section/RAF Regt. | 30 April 2012 – o.e. | |
| Traveleyes Ltd | 15 January 2013 – o.e | |
| easyJet Airline Company Limited | 2 July 2018 – o.e. | |
| Booking.com BV | 1 March 2024 – o.e. |
Any specific exemptions granted by the CAA from time to time after the publication date of this
Official Record Series 3 are published at www.atol.org.u
Exemption – Shell UK Limited
THE CIVIL AVIATION (AIR TRAVEL ORGANISERS’ LICENSING) (AMENDMENT) REGULATIONS 2012, EXEMPTION PURSUANT TO REGULATION 11
- The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts Shell UK Limited from the need to hold an Air Travel Organiser’s Licence to enable it to make available, accommodation on flights operated in respect of oil and gas industry operations within the area of the UK Continental Shelf and to, from, and within the territories of the European Union (including Norway) Member States and their offshore waters pursuant to agreements between Shell UK Limited and the operators of those flights.
2. This exemption came into force on 8 June 2018.
Civil Aviation Authority 8 June 2018
Exemption – Total E&P UK PLC
THE CIVIL AVIATION (AIR TRAVEL ORGANISERS’ LICENSING) (AMENDMENT) REGULATIONS 2012, EXEMPTION PURSUANT TO REGULATION 11
- The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts Total E&P UK PLC from the need to hold an Air Travel Organiser’s Licence to enable it to make available, accommodation on flights operated in respect of oil and gas industry operations within the area of the UK Continental Shelf and to, from, and within the territories of the European Union (including Norway) Member States and their offshore waters pursuant to agreements between Total E&P UK PLC and the operators of those flights.
This exemption came into force on 8 June 2018.
Civil Aviation Authority 8 June 201
2. Exemption – Flying Without Fear Limited
THE CIVIL AVIATION (AIR TRAVEL ORGANISERS’ LICENSING) REGULATIONS 2012, EXEMPTION PURSUANT TO REGULATION 11
- The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts Flying Without Fear Limited (“FWF”) of 259 Otley Road, West Park, Leeds, West Yorkshire, LS16 5LQ, from the need to hold an Air Travel Organiser’s Licence in circumstances where:
a) FWF makes available flight accommodation as part of the Virgin Atlantic Flying Without Fear course programme; and
b) FWF’s promotional material for the Virgin Atlantic Flying Without Fear course programme includes a statement that clients’ payments for the programme are not ATOL Protected.
2. This exemption came into force on 30 April 2012.
David Moesli
for the Civil Aviation Authority 5 April 2012
Exemption – J4 Mobility section / RAF Regt.
THE CIVIL AVIATION (AIR TRAVEL ORGANISERS’ LICENSING) REGULATIONS 2012, EXEMPTION PURSUANT TO REGULATION 11
- The Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts the J4 Mobility section of the Royal Air Force Regiment Force Protection Force Headquarters, of RAF Honington, Bury St Edmunds, Suffolk, IP31 1EE (“J4 Mobility”), from the need to hold an Air Travel Organiser’s Licence in circumstances where J4 Mobility is arranging air travel for military and civilian personnel travelling on the official business of the Ministry of Defence.
2. This exemption came into force on 30 April 2012.
David Moesli
for the Civil Aviation Authority 5 April 2012
Exemption – Traveleyes Ltd
THE CIVIL AVIATION (AIR TRAVEL ORGANISERS’ LICENSING) REGULATIONS 2012 AS AMENDED, EXEMPTION PURSUANT TO REGULATION 11
- The Civil Aviation Authority, in exercise of its powers under Regulation 11(2) of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012, as amended (“the regulations”), exempts Traveleyes Ltd of PO Box 511, Leeds, LS5 3JT, from the requirement to supply an ATOL Certificate under Regulation 17 where:
a) Traveleyes Ltd, ATOL 6600, makes available flight accommodation as a component of a package direct to any consumer; and
b) Traveleyes Ltd supplies (as an alternative to an ATOL Certificate) a certificate to the consumer by the specified method in a form and content that have been approved by the Civil Aviation Authority.
2. This exemption came into force on 15 January 2013.
3. In this exemption:
a) the terms “ATOL Certificate”, “consumer”, “flight accommodation” and “package” have the same meanings as in the Regulations; and
b) “specified method” means any method specified in regulation 18 of the Regulations for the supply of an ATOL Certificate under regulation 17 but as if references in regulation 18 to an ATOL Certificate meant a certificate supplied under this exemption instead.
David Moesli
For the Civil Aviation Authority 15 January 2013
Exemption – easyJet Airline Company Limited, easyJet Europe Airline GMBH, easyJet Switzerland S.A. and easyJet UK Limited.
THE CIVIL AVIATION (AIR TRAVEL ORGANISERS’ LICENSING) REGULATIONS 2012 AS AMENDED, EXEMPTION PURSUANT TO REGULATION 11
- Subject to paragraph 6, the Civil Aviation Authority, in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts any person who makes available flight accommodation in the circumstances set out in paragraph 2, 3 or 4 from the need to hold an Air Travel Organisers’ Licence.
2. This exemption applies if:
a) the person making available flight accommodation to the consumer directly (e.g. through website, mobile application or telephone sales) is easyJet Airline Company Limited (“EACL”);
b) EACL purchases the flight accommodation from the operator of the aircraft on which the flight accommodation is made available and the operator is one of either easyJet Europe Airline GmbH, easyJet Switzerland S.A. or easyJet UK Limited (each “an easyJet airline”);
c) Immediately after the consumer pays a deposit or the full cost of the flight accommodation charged by the easyJet airline and/or EACL to the consumer, the easyJet airline (through EACL) immediately issues a confirmed ticket to the consumer;
d) each easyJet airline enters into and maintains in force an undertaking, in a form agreed by the CAA, that tickets made available via EACL will be honoured whether or not the relevant easyJet airline has been paid; and
e) EACL states clearly on all invoices and receipts issued in respect of that flight accommodation: – “This sale is not protected under the ATOL Scheme”
3. Additionally, this exemption applies if:
a) the person making available flight accommodation is making it available to a consumer and that person is an Authorised Party (as defined and listed in paragraph 5) or sources the flight accommodation from an easyJet airline (through EACL) using an Authorised Conduit (as defined and listed in paragraph 5);
b) the person making available flight accommodation pays the full cost of the flight accommodation charged by the easyJet airlines and/or EACL to EACL at the time of purchase (either directly or via an Authorised Conduit);
c) immediately after the person making available flight accommodation pays a deposit or the full cost of the flight accommodation the easyJet airline (through EACL) immediately issues a confirmed ticket to the person making available
flight accommodation which is immediately provided by that person to the consumer;
d) each easyJet airline enters into and maintains in force an undertaking in a form agreed by the CAA that tickets made available via an Authorised Party or an Authorised Conduit will be honoured whether or not the relevant easyJet airline or EACL has been paid; and
e) the person making available flight accommodation on an easyJet airline states clearly on all invoices and receipts issued in respect of that flight accommodation: – “This sale is not protected under the ATOL Scheme”
4. This exemption also applies to EACL for any flight accommodation it makes available in the circumstances described in paragraph 3.
5. For the purpose of this exemption:
a) an Authorised Party is a person (a) with whom EACL has entered into a written agreement for the distribution of flight accommodation on easyJet airlines who is entitled and able immediately upon payment for the flight accommodation by the consumer to supply a confirmed ticket to the consumer; and (b) who has been notified to the CAA in writing, within 3 months of entering into the written agreement.
b) an Authorised Conduit is a person (a) with whom EACL has entered into a written agreement for the distribution of flight accommodation on easyJet airlines who is entitled and able immediately upon payment for the flight accommodation by the consumer to supply a confirmed ticket to the consumer (via persons using its services); and (b) who has been notified to the CAA in writing, within 3 months of entering into the written agreement
6. This exemption does not apply if:
a) theflightaccommodationismadeavailableaspartofapackage;
b) the easyJet airline states in its terms of business, or anywhere, that it reserves the right to refuse to carry a person that purchased flight accommodation on aircraft it operates other than direct from its website or where that flight accommodation was made available by a person other than the easyJet airline or EACL or an Authorised Party.
7. This exemption came into force on 3 July 2018
Civil Aviation Authority 2 July 2018
Exemption – Booking.com BV.
THE CIVIL AVIATION (AIR TRAVEL ORGANISERS’ LICENSING) REGULATIONS
2012, EXEMPTION PURSUANT TO REGULATION 11
- Subject to paragraph 2 below, the Civil Aviation Authority (“CAA”), in exercise of its powers under Regulation 11 of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended, exempts Booking.com B.V. (“Booking.com”) of Oosterdokskade 163, Amsterdam, Noord-Holland, 1011 DL, from the need to hold an Air Travel Organiser’s Licence in circumstances where:
a) Booking.com meets the terms of the Flight-Only Ticket Fully Paid Exemption save as modified in b below; and
b) A flight reservation system provider pays the full cost of the flight accommodation charged by the operator to the operator at the time of purchase and is subsequently reimbursed this cost by Booking.com, Booking.com shall: (i) enter into an undertaking in terms agreed by the CAA; and (ii) maintain at all times a bond in favour of the flight reservation system provider in a form and value which complies with the terms of such undertaking (the “Bond”).
2. This exemption came into force on 1 March 2024.
Civil Aviation Authority 01 March 2024
1.3 ATOL Regulation 19: Form and content of an ATOL Certificate
FORM AND CONTENT OF AN ATOL CERTIFICATE
1. In accordance with ATOL Regulation 19 (2) the requirements as to the form and content of an ATOL Certificate are at the end of this document (as applicable).
See the end of this document for:
1. Package (Single-Contract) ATOL Certificate plus an optional blank page
2. Package (Multi-contract) ATOL Certificate plus an optional page 2 and an optional blank page.
3. Flight-Only ATOL Certificate plus an optional blank page.
4. Flight Inclusive Day Trip ATOL Certificate
1.4 ATOL Regulation 22: Schedule of Agency Terms
Schedule of Agency Terms to be included in a written agency agreement between an ATOL holder and its agent
In accordance with ATOL Regulation 22 the schedule of terms to be included in a written agency agreement which the ATOL holder must include in any agency agreement with its agents is:
AGREEMENT BETWEEN [NAME OF AGENT] AND [NAME OF ATOL HOLDER/ ATOL NUMBER] APPOINTING [NAME OF AGENT] AS [NAME OF ATOL HOLDER’S] AGENT PURSUANT TO ATOL REGULATIONS 12 AND 22 ON [DATE]
Definitions
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 AST 2.2 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 2.1
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 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.
Agency Term 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.
Agency Term 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 6.1
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.
Agency Term 6.2
Where an agent makes available a package as agent of a principal ATOL holder, the agent must additionally obtain a Confirmation (see AST 1.11) 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 [Note: the agency agreement must contain either Agency Term 10A or 10B not both]
EITHER:
A: 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
OR:
B: The agent may appoint a sub-agent to perform its obligations as the ATOL holder’s agent and to bind the principal ATOL holder into obligations with consumers or buying ATOL holders. However, the agent may only do so if it enters the ATOL holder into a written agency agreement that contains all the rights and obligations in the agreement that are required by the CAA and published in the CAA’s Official Record Series 3. Any sub-agent of the agent that does not have the benefit of a written agency agreement with the ATOL holder is not authorised to act on the ATOL holder’s behalf. As a consequence, the agent will be responsible to the consumer (or buying ATOL holder) for any acts or omissions of the sub-agent.
Note: In these circumstances, as well as the agent being liable to the consumer as a principal, both the ‘agent’ and ‘sub-agent’ would be acting in breach of the ATOL Regulations 2012.
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.
Note: a written agency agreement will be deemed to be compliant with ATOL Regulation 22(2)(c) provided that it contains all relevant parts of the schedule of agency terms published by the CAA in its Official Record Series 3 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
1.5 ATOL Regulation 23: Register of failed ATOL holders
In accordance with ATOL Regulation 23 the CAA publishes a notice of the failure of an ATOL holder in its Register of Failed ATOL holders, which can be viewed at www.atol.org.u
1.6 ATOL Regulation 31: Requirements for an application for an ATOL or a variation to
an ATOL
In accordance with ATOL Regulation 31 the CAA publishes a guide to its policy on the fitness and financial criteria applied to ATOL applicants and holders, which can be viewed at www.atol.org.u
1.7 ATOL Regulation 33: Requirements for an application for accreditation as an
Accredited Body or a variation of such an accreditation
The Accredited Body (AB) concept is designed to implement Better Regulation principles and allow mainly small firms to meet the requirements of the ATOL Regulations 2012 (as amended) under the umbrella of an ATOL holder without the need for their own ATOL. In accordance with ATOL Regulation 33 the requirements for accreditation as an Accredited Body are:
- An AB will be subject to the normal fitness and financial tests applied to Standard ATOL holders (that is an ATOL holder that is not a Small Business ATOL holder).
- In order to qualify as an AB, the CAA will have to be satisfied of the AB’s ability to carry out this function as an AB with particular (but not exclusive) regards to finances, overall governance and supervision of its members (AB members).
Control of client monies
3. The AB must be able to demonstrate sufficient supervision over client monies.
Accreditation of an AB Member
4. The AB must have in place a robust process for accepting new AB members. 5. The AB must be able to demonstrate a strong risk management culture.
Business operations
6. The AB must be able to demonstrate that it has sufficient control over the activities of its AB members.
The CAA publishes guidance on its requirements on an application for accreditation as an Accredited Body at www.atol.org.uk
