PART 1 - BOOKING YOUR HOLIDAY
WARNING: Previously we had always advised holidaymakers to book their holiday through an ABTA-bonded travel agent because of the protection that was afforded by ABTA the Association of British Travel Agents.
THIS IS NO LONGER THE CASE and your money is no longer safe with an ABTA-bonded travel agent if that travel agent goes "bust."
If you have booked your holiday through an ABTA-bonded travel agent you have paid the money for your holiday and that travel agent does not pass on your money to the tour operator then you will not get your money back from ABTA.
ABTA's protection guarantee has been in existence since the 1970's and ABTA guaranteed consumers money where a retail travel agent went "bust." If in the future a travel agent goes "bust" ABTA will pay the tour operator provided the tour operator is a member of ABTA. This is in order that the booking can continue and the holidaymaker is provided with the holiday.
Ordinary consumers will not be refunded directly and ABTA will make no refund if the booking has not been made with the tour operator. In other words if the travel agent has taken the booking and kept the money and the travel agent has gone "bust" then the consumer loses out.
The only way to guarantee safety and security of consumers money in the event of any sort of failure is to pay by CREDIT CARD and if the travel agent refuses a credit card then go somewhere else. The credit card will guarantee your protection, providing the transaction is over £100 and under £30,000. It must be a domestic transaction - in other words the person acting as a consumer.
PLEASE NOTE: At the moment there is controversy in respect of whether Section 75 of the Consumer Credit Act 1974 applies to overseas transactions. Until this matter is clear please ensure that your booking is with a British company. ABTA is no longer the "consumer's friend" - it is merely an association of travel agents and tour operators who are effectively operating a professional association for the benefit of themselves and not the consumer.
What effectively has happened by the change in ABTA's bonding arrangements is that it will leave the gates wide open for rogue tour operators and rogue travel agents to enter the market and rip off the consumer - therefore EXTRA CARE MUST BE TAKEN when booking your holiday.
If you pay by credit card you have protection in the event of failure, however the travel agent/tour operator may make a charge but it is worth paying the charge and look upon it as an extra insurance.
can you tell me if the same rule applies to ATOL as we have booked with an agent who is a member of ATOL.
Please be aware scheduled flights are not protected including the budget airlines, Ryan Air, Air Berlin, Easyjet these are scheduled flights as well. The only way a scheduled airfare is covered by ATOL if you buy a ticket through a agent but don't get a ticket striaght away. Scheduled airfares are not covered by ATOL if get the ticket striaght away or if you buy the ticket direct from the airline.
The other problem that arises is dynamic packages where a company is acting as agent for airlines and hotels. If you travel on a charter flight that will protect you against being stranded abroad but not if your hotel goes bust or has to shut for some reason. The other thing with a dynamic package its not a package holiday covered by the package holiday regulations. They are not selling you a package but just booking different parts of your holiday with different suppliers for you.
Booking a DIY holiday on the internet is not covered by ATOL where you book a flight on line and then book a hotel. Many people think DIY holidays are cheaper until something goes wrong and are stranded abroad having to get themselves home at extra expense. The cheapest may not always be the cheapest in the long run.
Here is a link with ATOL Q&A
http://www.caa.co.uk/default.aspx?catid=1080&pagetype=70
Could I ask how you would know if you are booking a dynamic package?
Its all very confusing and the only way to know is ask the agent if they hold a ATOL and for the number. You can then check out their ATOL licence with the CAA. You can also ask them is the holiday covered by ATOL and the package holiday regulations. Any paper work you get should have ATOL on it. There are eceptions to the rules where a ticket isn't issued straight away or where a chartered flight is booked. It will mean you won't get stranded abroad but most of these dynamic packages the flight is booked for you direct with easyjet, ect.
If you look at the link it explains it more. All of this was part of my guild of business travel course and exams.
Thanks for that. We have booked with an independent travel agent for the first time so I was a bit worried for a minute but they have an ATOL number and this checks out on the ATOL web page so we are OK.
thanks for the info, if you ask me its all very complicated these days. i booked through an agent 4 weeks ago and my tickets came today, so i think i am covered, on my invoice is says package holiday. oh well i will have to stow away on a boat or something if anything goes wrong. but thanks again for clarifying things.
The reason its not a package holiday is because you have used a agent to go a supplier for a flight and then a different supplier for the hotel. But if that agent had its own ATOL number then they will be allowed to sell lets say 100,000 package hoilday as licenced but no more. When a tour applies for a ATOL number they can't sell any amout of holidays they want to ATOL will decide the amount they can sell.
The trouble with many internet diy sites is they will show ATOL but they don't hold a ATOL licence, what they are saying we can book a holiday as a agent with a tour op who has a ATOL licence. A bit under hand if you ask me. But what these diy sites are doing is buying you a flight and a hotel from two different suppliers.
When we go to sites like easyjet they are now doing holidays, but they are not doing hoildays. They have teamed up a hotel supplier and you buy the flight from easyjet and the hotel with the other site even though you do it all through easyjet. Your flight will be a scheduled flight no ATOL protection and then the hotel is not covered by ATOL and the holiday is not covered by the package holiday regulations.
The most important area to look at is your flight, if you book a charted flight then you will not be stranded if the airline folds. So when any of you do a DIY holiday just make sure your flight is a charted flight.
I think it was last year where a budget airline folded and there were people waiting to go on holiday lost their money and people in holiday resorts who were stranded and had to make their own back at their own expense. What looks like a cheap is not always cheap when everything is taken in to account. Its only right people should pay a bit more for the protection ATOL gives. Its not free for companies who apply for a ATOL licence they have pay a amount depending on how many hoilays they are allowed sell.
As I said just make sure your flight is a charted flight, if a flight is cancelled charter airlines have to get you back to the uk as soon as possible where a cheduled operator could wait a week, two weeks until there is room on one of their flights. We had a example recently where easyjet cancelled a flight returning from italy, passengers had to book hotel rooms at their own expense until a flight was available which was 3 days later. Some didn't wait made their own way home by train ferry because easyjet couldn't say when seats would be available to get the stranded passengers home. The people who went overland arrived back at the same time as the easyjet flown passengers. A charter airline would of charted a plane to get people home as soon as possible.
The 3 most used budget airlines are Air Berlin, Easyjet and Ryanair. Unless you book seats when the flights for the next season are put on sell you could pay a lot more than a charted flight. The budget airline are now starting to charge for every piece of luggage that is put in the hold, ryanair is the first and they are charging a £2.50 check in fee at the airports on top of the £5 baggae fee per item.
I try to explain ATOL but its not easy because of all the different rules. When you book a holiday over the net with a company that books a flight and a hotel, phone them before and ask them is all parts of the holiday covered by ATOL and package hoilday regulations. One other thing if the hotel chain folds you will be strand with no where to stay if it isnt ATOL protected. Because they are buying you a hotel and a flight as an agent for you from different suppliers the package holiday regulations don't count. Moves are under way to close the loop hole and bring scheduled airlines into ATOL protection, but how long that will take is not known with a number of airline trying to resisting the move, because it will put their costs up.
Just make sure the flight is a charted flight and then at least you have some protection.
If you want something that will boogle your mind take a look at IATA who represent scheduled airlines, every fare from a scheduled airline is paid to IATA and then they will work out how much the airline will get because your journey might be on 3 or 4 different airline. If somebody wanted a flight to australia and they wanted to stop off in different places all the milage of the journey will have to caculated and the fare worked out and it depends which way around the world they are traveling and a different fare comes in if they stop somewhere like korea. If somebody was going to australia and want to stop off at 4 or 5 different locations the milage would have to be calulated between each stop off and if it is more than the milage allowed to australia a surcharge will be added to the ticket price. Thats trying to put it into simple terms its much more complicated than the above.
I can sell air tickets because I am IATA qualified.
To make it easier to understand. If you go into a travel agent and ask them to book you a flight then a hotel you will not be covered by ATOL
Thats not true if the travel agent holds an atol licence then you are covered as they then become the tour operator
PLEASE NOTE: At the moment there is controversy in respect of whether Section 75 of the Consumer Credit Act 1974 applies to overseas transactions.
A recent high court ruling said section 75 applies to overseas transactions. I can't remember when the ruling was made.
do we contact the credit card, get out money back there and then, pay for the hotel on it, find another flight home?
do we continue the holiday as the hotel has been paid for, then look at getting another flight home at the end of it on the credit card and then claim the lot back once home?
do we make our way directly home on credit card, losing all the holiday time, (and losing the time we have booked off from work etc) and then get only the money we have spent back on the credit card when we get home?
Etc ?
thanks
Steve
hi all,well i am totally confused by all this now,we booked after seeing an offer on travelzoo,s website with "eticket travel" he told us they are abta etc bonded and also the companies they use are eg;flights with thomas cook.as i was going to pay £100 of the deposit with a credit card to secure it and the rest with a debit card he advised me that i actually was doublely covered so no real need to pay with c.c.however i did anyway.we goin to turkey in may and after reading all the above about wether you are or not protected i really dont no wether we are or not.the invoice breaks the hotel,flights,transfers etc down even though i asked if it was a package as it was advertised as one,he said they make there own packages and not to worry as we are covered.
ARE YOU saying that to book even thomas cook or direct holidays with credit card aswell.Dont quite understand . Got me worried as booked mine already with debit card.
Hi all....rule for safety when booking or buying holidays ect... as given by Rhos holiday solicitor... are basicaly always pay with a credit card...seems to cover all eventualities....seems to many loop holes these days being used to rely on abta or atol...added from me is check you have insurance in place to cover you incase fault is on your side of things...ie illness ect...job loss these days as well
does it only work with credit cards, ie not debit cards ?
karen
Steve
steve,everything is covered,but im sure you have to pay minimum of £100.
What Karen states is correct.
So if you pay deposit with credit card and remainder on debit card Im sure your credit card will only reinburse what you have paid with them, as when I had booked flights last year for a few family members with xcel and then they folded my credit card company only credited my cards with the payments I made with them.
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