The Restriction on Agreements and Conduct (Tour Operators) Order 1987

Explanatory Note

(This note is not part of the Order)

This Order makes it unlawful for a tour operator to make or carry out an agreement (whether existing or future) for agency services with a travel agent to the extent that it prohibits or is intended to dissuade the travel agent from offering inducements to the public to purchase the tour operator’s foreign package holidays through him rather than another travel agent. It also requires tour operators to terminate any such existing agreement to that extent. These provisions of the Order do not apply to agreements in so far as they are agreements to which the Restrictive Trade Practices Act 1976 (c. 34) applies.

The Order further makes it unlawful for a tour operator to refuse to deal with a travel agent on the grounds that that agent offers inducements, or to give preferential treatment to travel agents who do not offer inducements.

Copies of the report of the Monopolies and Mergers Commission upon which the Order is based (Cmnd 9879) may be obtained from Her Majesty’s Stationery Office.