The ATOL Regulations are legal requirements that exist to protect consumers if their travel organiser ceases to trade as an ATOL holder. It ensures consumers are repatriated or refunded money paid to the travel organiser for ATOL protected holidays and flights.
The ATOL Regulations set out who can advertise and sell air travel arrangements to consumers in the UK and these include: -
- the operator of the aircraft (an airline selling its own services)
- an ATOL holder; or
- a person who is exempt.
A business selling a flight-inclusive package (as defined in The Package Travel and Linked Travel Arrangements Regulations 2018) or a Flight-Only must fall into one of the above categories.
It is important to note the following:-
- The ATOL Regulations equally apply to businesses established outside the UK if they are advertising and selling to consumers in the UK.
- Arrangements that include flights advertised and sold to UK consumers are subject to the requirements of The ATOL Regulations, irrespective of the departure point of the flight.
If you are not an airline or you are not acting in an exempt capacity, you must hold your own ATOL.
Exemptions in the Regulations
The full list of exempted persons are detailed in ATOL Regulation 10, and these include but are not limited to:
- an agent for an ATOL holder
- a member of an accredited body
- an airline ticket agent
- a person acting under a general business travel agreement and
- a person making available occasionally on a not-for-profit basis to a limited group of consumers
Other General Class Exemptions
The Official Record Series 3 contains a list of all General Class Exemptions
Read about choosing the right ATOL
You should seek independent professional advice if you are uncertain as to whether you require an ATOL