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
Here are a few useful points to note:
Section 1.4 of the Official Record Series 3 includes the Terms to be included in agreements between ATOL holders and their agents. Section 1.4 can be found on page 28 of Official Record Series 3.
When an agent makes a booking on behalf of an ATOL holder, the agent must ensure an ATOL Certificate is issued to
the consumer 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 consumer.
on ATOL Certificates
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:
Where an agent produces a receipt for money paid by a consumer, the agent must identify which part of that money is protected
by the principal ATOL holder's and which, if any, is not. This means that any booking fees charged by an agent must be
separately identified on receipts.
Any receipts or invoices supplied by the ATOL holders (or it's agent) for a licensable transaction must contain the ATOL holders
name, ATOL number and the following statement:
“Your Financial Protect. 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.”
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