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

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.”