Ask the expert - Paula Macfarlane, Senior Solicitor, ABTA
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dhewitt@abta.co.uk Wed, 02/12/2025 - 09:00
Paula Macfarlane, ABTA Senior Solicitor, explains why the Code of Conduct is your friend not your foe.
At first glance it may seem that the ABTA Code of Conduct is a regulatory tool with the power to impose sanctions on members when its terms are breached. Although of course there is truth in this, the Code is so much more than that. The Code is also an incredibly useful tool in helping you in the day to day running of your business, a clear and accurate guide which has developed throughout its history, to provide members with a steer through the significant amounts of legislation that apply to travel businesses.
The Code takes account of these varied rules and obligations, for example ATOL Terms, the Consumer Rights Act, the Unfair Trading Regulations, and seeks to give practical guidance, in one place: instead of going to the various different legal sources, members can look at the Code Guidance as it brings them together.
For example, it covers:
I’d encourage you to have a look at the Code and its Guidance on the ABTA website and use it as the friend and aid it has always been intended to be.
Paula Macfarlane, Senior Solicitor, ABTA
Continue reading...
Full Page image
dhewitt@abta.co.uk Wed, 02/12/2025 - 09:00
Paula Macfarlane, ABTA Senior Solicitor, explains why the Code of Conduct is your friend not your foe.
At first glance it may seem that the ABTA Code of Conduct is a regulatory tool with the power to impose sanctions on members when its terms are breached. Although of course there is truth in this, the Code is so much more than that. The Code is also an incredibly useful tool in helping you in the day to day running of your business, a clear and accurate guide which has developed throughout its history, to provide members with a steer through the significant amounts of legislation that apply to travel businesses.
The Code takes account of these varied rules and obligations, for example ATOL Terms, the Consumer Rights Act, the Unfair Trading Regulations, and seeks to give practical guidance, in one place: instead of going to the various different legal sources, members can look at the Code Guidance as it brings them together.
For example, it covers:
- Significant changes
The Package Travel Regulations (PTRs), which affect the vast majority of Members’ sales, contain important rules but are light on detail as to how the rules apply. When you’re looking for answers to practical day-to-day problems, the Code can help and fill in some of these gaps. (You can always contact us at ABTA, too, if further guidance is needed). A common example is that although the PTRs say what organisers must do when a significant change occurs, crucially, they don’t say what a significant change is. The Code, however, has rules of thumb that have become well-used in the industry such as a significant change is flight time change of over 12 hours, and a change of accommodation to a lower standard, etc.
- Customer documents
Giving your customers the correct documentation is fundamental to having a properly run business. There are rules on this such as in the PTRs and the ATOL Regulations, as well as other sources such as contract law. The Guidance brings all of these together and sets out what receipts, invoices, certificates etc must be issued and when. There’s also important information on what agents must do to show they act as agent, essential if they are to avoid liability for something which in reality is outside of their control.
- Travel advertising
With bodies such as the Advertising Standards Authority policing this area, plus the importance of not misleading your customers, getting your adverts right is fundamental. However, the law on advertising can be pretty broad and general. Still, there are particular issues that are important in travel, such as what needs to be included in prices, how to advertise optional extras, how to deal with charges such as resort fees and if you have a promotional price, are you advertising it fairly and correctly? Fear not, the Code guidance covers all these issues.
I’d encourage you to have a look at the Code and its Guidance on the ABTA website and use it as the friend and aid it has always been intended to be.
Paula Macfarlane, Senior Solicitor, ABTA
Continue reading...
