Travel republic – CAA to appeal

Travel republic news: It seems that the CAA, has asked the District Judge to begin the appeal in the case of CAA v Travel Republic and Kane Pirie.

The travel republic case concerns the protection of the public who book flight inclusive holidays.

Travel republic do not have an Atol licence..

The CAA (civil aviation authority) considers it must do what is necessary and all that it can, to try to ensure that when someone books an air package holiday they receive the protection that Parliament and the EU has decided they are entitled to, and hence are protected by ATOL for the whole of that package.

We have therefore decided to seek clarity over the Travel republic decision for both holidaymakers and industry from a higher Court as swiftly as possible.

On analysis of the earlier authoritative Court of Appeal decision in CAA v ABTA in 2006, the CAA is advised that it has a strong chance of having the Magistrate’s Court decision overturned on appeal to the High Court.

District Judge Evans, in giving his decision in the case, recognised that the CAA had no alternative but to litigate in this case. Within his Judgment, he made it clear in several places that he expected his decision to be appealed to a higher Court, as he did not think his decision would change our fundamental view of the issues. That is the case.

In the period before an appeal is heard however, the CAA will continue strictly to enforce Regulations and will do so in part based on the Government guidance issued in January 2008 following the decision in the Court of Appeal on CAA v ABTA.

That decision remains as the definitive judicial statement as to the meaning of a “package”. Consequently, the CAA does not expect ATOL holders to reduce the number of protected holidays as a consequence of this decision in the Magistrate’s Court.

In addition the CAA will continue to monitor firms that sell air holidays without an ATOL and if it considers that they are breaching the Regulations then it will continue to refer cases for investigation.