Information specifically for ATOL holders who have consumers booked and protected by a Failed ATOL holder.
If you hold your own ATOL and have created a package booking which includes elements you purchased from the Failed ATOL holder, you are required under The Package Travel and Linked Travel Arrangements Regulations 2018, to either provide suitable replacement for components that are no longer available or, if this is not possible, you must provide a full refund for the complete package booking to the consumer.
For full details of the relevant Regulations, please see the compliance and regulation guidance on the CAA website.
If you are unsure of your liabilities to your consumers, please contact ATOLCompliance@caa.co.uk.
Repatriation
In certain circumstances, the CAA may arrange replacement flights for “bookings abroad at the time of the failure”. If you have created a package booking which includes a flight element purchased from the Failed ATOL holder, the CAA will in most cases repatriate the consumers. Details of replacement flights will be published on the CAA Website. You may be liable for the repatriation flight costs incurred by the Air Travel Trust.
ATOL holders will be contacted for details of the bookings and instructions will be provided.
Requirements
To ensure you are not negatively affected by a Failure of an ATOL holder make sure you have the following:
- Obtain sufficient Supplier Failure Insurance.
- The sales have been made in accordance with your ATOL.
- Records of the flights purchased.
- Maintain copies of ATOL-to-ATOL invoices issued to you.
- Maintain copies of all the payments made to the Failed ATOL holder.
- Records of the bookings, including all service elements.
- Copies of documents you issued to customers.