Information for Agents
An ATOL holder that sells flight-only or packages through agents is required to have a written agency agreement with each of its agents. If the correct agency agreement is not in place the ATOL holder and the agent are in breach of the ATOL Regulations.
Here are a few useful points to note:
Note: ATOL holders are not permitted to sell Flight-Plus through agents.
When an agent makes a booking on behalf of an ATOL holder, the agent must ensure an ATOL Certificate is issued to the customer immediately any payment is taken. This applies irrespective of whether the booking is made in a shop, by telephone or on the internet. ATOL holders and their agents should agree between them who is going to produce the ATOL Certificate and how it is going to be issued to the customer.
Note: the “issuer” box on the ATOL Certificate should always contain the name of the agent.
More information on ATOL Certificates can be found here.
Agents should be aware that where they issue other documentation to consumers in addition to the ATOL Certificate, it needs to comply with the terms of their Agency Agreement and the ATOL Standard Terms. Failure to do so may be considered a breach of the ATOL Regulations, which can result in a consumer claim being refused, thus being referred back to the agent for a refund. Agents must refer to the terms of their agency agreement for full details of their obligations but should particularly note the following with regards to documentation:
Agency Term 2.3 – If an agent produces a receipt for money paid by a consumer, it must identify which part of that money is protected by the principal ATOL holder and which, if any, is not. This means that any booking fees charged by an agent must be separately identified on receipts.
ATOL Standard Term 1.5 – Any receipts produced by ATOL holders or their agents for a licensable transaction must contain the ATOL holders name, ATOL number and the following statement:
“When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.”