The Civil Aviation (Air Travel Organisers’ Licensing) (Amendment) Regulations 2018

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—

(a)

a trader who combines and sells, or offers for sale, packages, either directly or through another trader or together with another trader; or

(b)

the trader who transmits the traveller’s data to another trader in accordance with regulation 4A(1)(b)(v);”;

““Package Travel Regulations” means the Package Travel and Linked Travel Arrangements Regulations 2018(1);”;

““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—

(a)

the carriage of passengers;

(b)

the provision of accommodation which is not intrinsically part of the carriage of passengers and is not for residential purposes;

(c)

the rental of—

(i)

cars;

(ii)

other motor vehicles within the meaning of Article 3(11) of Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(2); or

(iii)

motorcycles requiring a Category A driving licence in accordance with point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council on driving licences(3);

(d)

any other tourist service not intrinsically part of a travel service within the meaning of paragraph (a), (b), or (c);”;

““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”.

(1)

S.I. 2018/634.

(2)

OJ No L 263, 9.10.2007, p. 1. In Article 3(11), “motor vehicle” is defined as any power-driven vehicle which is moved by its own means, having at least four wheels, being complete, completed or incomplete, with a maximum design speed exceeding 25 kilometres per hour.

(3)

OJ No L 403, 30.12.2016, p. 18.