When is a Travel package not a package

Travel advice overview: A travel package or package holiday, is one booked with an ATOL holder and covers all parts of your travel arrangements.

When is a Travel package not a package?
Well anything booked that is not covered by ATOL is not a package and “Caveat emptor” buyer beware.

As an example, if you book with ATOL holders such as Thomson Mytravel, Virgin, Kuoni, to name but a few of the UK tour operators, then you are booking a package holiday. You will receive one invoice for your holiday or travel arrangements.

However if you buy travel from a non Atol holder, then you will not be buying a package holiday. But what is called a split package, where they are selling you the flights plus the accommodation, and this should be on 2 separate invoices.

If you are booking or have been offered this type of package, confirm whether ATOL is protecting your entire holiday, if its not walk away…

Should an ATOL holder go bust then the CAA will fly you home, or refund your monies if you are yet to travel.

The opposite is true with non atol holders you will not be flown home and will not get a refund.

You do get financial protection and should be protected by Section 75 of the Consumer Credit Act 1974. If you pay by credit card. You should check with your card issuer for further advice.

However if you DIY your holiday and book the flights and the accommodation separately, that is not a package and if the airline goes bust you will not be covered by the CAA ATOL scheme.

Look out for the ATOL logo on websites and in brochures if you are booking online or by telephone, or retail agents for ATOL holders.
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A case in Point is Travel Republic.

The Court case against travel republic, is that they allegedly sold holidays to consumers which were not covered by ATOL and were therefore unlawful.

In layman’s terms the CAA case as far as we can make out, is that travel republic allegedly sold flights and accommodation, and then sold it as a package under one contract and not as 2 separate contracts, flights and accommodation.

A statement from the CAA said: ‘It has become evident from the claims the CAA has received that a large number of these flight sales took place at the same time as those agents also sold accommodation and/or other travel services in combination with the flight to the same customer.

‘The [Air Travel Trust] Trustees and the CAA consider that these sales of a flight and accommodation and/or other travel services at the same time in combination were unlawful because the transactions in fact amounted to sales of packages in which the packages were made available under more than one contract between various suppliers and the customer.’
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Airlines are not included within the ATOL Scheme, so if you booked direct with an airline that has ceased trading you will not be covered.

If you paid directly to the airline by credit card you might be protected by Section 75 of the Consumer Credit Act 1974. You should check with your card issuer for further advice.