ABTA is providing information on this, to keep Members informed and to help you to prepare.

The CAA’s changes concern the information that ATOL holders must display when advertising ATOL flights and holidays. In summary:

• ATOL holders must ensure that “ATOL protected” is stated in close proximity to the price of every ATOL protected flight or holiday 

Also, if ATOL holders advertise on third party websites, they must ensure that the third parties comply with this too.
The exception is if your website only advertises ATOL protected travel arrangements. In that case, you should display the general ATOL statement in AST 1.1: “All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme…..”
However if your website displays some ATOL protected products and some non-ATOL protected products, you need to comply with the above. You are also required by the CAA to use the standard statement set out in AST 1.2 “Some of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme…...”
Non-ATOL products would be, for example, cruise only, accommodation only, packages not including flights.

• ATOL holders must provide clients with a minimum set of information, where this is known. This is:

a) flight dates and departures and arrival times
b) departure and arrival airports (including any connecting airport if the flight is indirect);
c) whether the flight is direct or indirect;
d) the name of the airline;
e) Whether hold luggage and transfer services form part of the ATOL protected package; and
f) If hold luggage and transfer services are not included in the package price: details, including price, of hold luggage allowance or transfer services that can be purchased from that ATOL holder.

If ATOL holders advertise on third party websites, they must ensure that the third parties comply with this too.

ATOL holders should be preparing now, in order to comply on 1 April. 

New ATOL Standard Term concerning “securing flights”

ABTA understands that the CAA also intends to bring in another new AST on 1 April. This is to the effect that, if all the information about the flight (as referred to above) is known, and therefore is provided to clients, when a client makes a booking, the ATOL holder must confirm the booking with the airline at the time of booking. 

This new AST will be published to the industry by the CAA soon. 

Further information

The new customer information ASTs are copied out below, for your information. They have been published in the ATOL rule book, see AST 1.4A to 1.4D, starting at page 45 http://publicapps.caa.co.uk/docs/33/2018ORS3_080618_V7(complete).pdf

If you have any questions about this, please contact the ATOL team at the CAA, or ABTA’s Members Information Line on 020 3117 0597 or membersinfo@abta.co.uk

Copy of the new ATOL Standard Terms

AST 1.4A
Wherever a consumer is invited to choose from a service that is ATOL protected or is available to be combined into an ATOL protected service the ATOL holder must (and the ATOL holder must ensure that its agents and AB members) ensure that the consumer is made aware, by means of information displayed clearly and transparently and in close proximity to the display of the price of the service, that the service is ATOL protected.

Where that licensable transaction constitutes a Single-contract Package this information must be provided as soon as the consumer is invited to choose that package. Where that licensable transaction constitutes a Multi-contract Package this information must be provided as soon as the selections made by the consumer mean that the consumer is being invited to choose that package. Where that licensable transaction is a Flight-Only, this information must be provided as soon as the consumer has selected a date, origin and destination of a flight or flights.

AST1.4B
Wherever a consumer is invited to choose from a service that is ATOL protected or is available to be combined into an ATOL protected service the ATOL holder must (and the ATOL holder must ensure that its agents and AB members) ensure that the consumer is made aware, by means of information displayed clearly, transparently and prominently, of the following information, where this information is known to the ATOL holder at the time:
a) flight dates and departures and arrival times
b) departure and arrival airports (including any connecting airport if the flight is indirect);
c) whether the flight is direct or indirect;
d) the name of the airline;
e) Whether hold luggage and transfer services form part of the ATOL protected package; and
f) Details, including price, of extra hold luggage allowance or transfer services that can also be purchased.
f) is changing at ABTA’s request, to: If hold luggage and transfer services are not included in the package price: details, including price, of hold luggage allowance or transfer services that can be purchased from that ATOL holder.

Where that licensable transaction constitutes a Single-contract Package this information must be provided as soon as the consumer is invited to choose that package. Where that licensable transaction constitutes a Multi-contract Package this information must be provided as soon as the selections made by the consumer mean that the consumer is being invited to choose that package. Where that licensable transaction is a Flight-Only, this information must be provided as soon as the consumer has selected a date, origin and destination of a flight or flights.

AST 1.4C
As soon as reasonably practicable and in any event before a consumer concludes their offer to buy an ATOL protected service or services the ATOL holder must (and the ATOL holder must ensure that its agents and AB members) ensure that the consumer is made aware, by means of information displayed clearly transparently and prominently, that the service is ATOL protected and the name of the ATOL holder (or its trading name notified to the CAA) and its ATOL number.

Where that licensable transaction constitutes a Single-contract Package this information must be provided as soon as the consumer is invited to choose that package. Where that licensable transaction constitutes a Multi-contract Package this information must be provided as soon as the selections made by the consumer mean that the consumer is being invited to choose that package. Where that licensable transaction is a Flight-Only, this information must be provided as soon as the consumer has selected a date, origin and destination of a flight or flights.

AST1.4D
When an ATOL holder advertises travel services through a website operated by a third party the ATOL holder must ensure that the information required by AST 1.4, 1.4A AST 1.4B and 1.4C is provided to the consumer as soon as the consumer was invited to choose those travel services and in any event before the contract with the consumer is concluded.