CAA v Travel Republic
The recent case of CAA v Travel Republic saw the Civil
Aviation Authority launch yet another criminal prosecution against
the online travel agent Travel Republic for breach of the
requirement to hold an ATOL. The decision is important as it
narrows the scope for finding online travel agents such as Travel
Republic have organised 'package holidays'. The case is the latest in a
line of cases that impact on a travel agents liability.
The ATOL (Air Travel Organisers Licence) is aimed at protecting
consumers and their money in the event of a tour operator going
bust. The scheme works by requiring those who organise 'package'
holidays to hold an ATOL.
Handing his judgment down in Westminster Magistrates Court, the
judge (Nicholas Evans DJ) decided Travel Republic did not act as a
tour operator and did not put together 'package' holidays. As a
result, it did not require an ATOL and had not committed a criminal
offence. The decision may surprise some holidaymakers who book
through internet based travel agents and click on links such as
'package holiday' assuming that they then go on to enter a contract
with one company. The reality is often that several separate
contracts will have been entered into, one for the flight, one for
the accommodation and others for the various other elements making
up the holiday, such as resort transfers.
Every case will turn on its facts but the CAA v Travel
Republic judgment shows yet again that holidaymakers need to
make sure they keep an accurate record of how they book their
holiday and what steps they go through from browsing for holidays,
flights, accommodation and other additional extras to receiving the
booking confirmation. All of this information will be critical in
establishing what protection a consumer is entitled to in the event
that something goes wrong. Of particular interest in this case was
the judge's consideration of call transcripts and recorded
telephone conversations from the time of booking.
The question of whether a holidaymaker has booked a 'package
holiday' is not always an easy one to resolve but can have major
consequences, notably if it means determining whether a claim can
be pursued in the English courts or needs to be furthered abroad.
The Travel law team at Blake Lapthorn will quickly identify what
protection is available in a given case and what steps can be taken
resolve any dispute which arises.
