The Civil Aviation (Air Travel Organisers' Licensing)(Amendment) Regulations 2003

• Citation: S.I. 2003/1741
• Sections: 2

Section 1

These Regulations may be cited as the Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 2003 and shall come into force on 8th October 2003.

Section 2

The Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995 shall be amended as follows:

(1) In regulation 1(2) after the definition of “flight accommodation” there shall be inserted:

“package” means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—

transport;

accommodation;

other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, and

the submission of separate accounts for different components shall not cause the arrangements to be other than a package;

the fact that a combination is arranged at the request of the consumer and in accordance with his specific instructions (whether modified or not) shall not of itself cause it to be treated as other than pre-arranged;

(2) For regulation 3(1) there shall be substituted:

(3)

(1) Subject to regulation 3(1A), only persons of the following descriptions may make available flight accommodation in the United Kingdom:

(a) the operator of the relevant aircraft (in these Regulations called “an operator”);

(b) a person who holds a licence authorising him to do so and the terms of the licence are complied with (in these Regulations called “a licence holder”);

(c) a person who acts as agent on behalf and with the authority of a disclosed identified principal who is a licence holder (in these Regulations called “an agent for a licence holder”);

(d) a person who is exempted by the Authority under regulation 5 from the need to hold a licence (in these Regulations called “an exempted person”); or

(e) a person who acts as a ticket provider.

(1A)

(a) A person shall not make available flight accommodation which constitutes a component of a package in the capacity of an agent for a licence holder except where all the components of the package are made available under a single contract between the licence holder and the customer.

(b) A person shall not make available flight accommodation which constitutes a component of a package in the capacity of a ticket provider.