L4.0 Travel Law L4.0 Travel Law
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Note: MUST* and MUST NOT* (with asterisk) denotes legal requirement
MUST and MUST NOT (without asterisk) denotes requirement of the Code of Fundraising Practice
L4.1 Travel Law
This section applies to all fundraising organisations other than where there is a specific reference to charities.
There are special legal requirements for events involving flights and certain other travel services.
The Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended) (“the Package Travel Regulations”) apply to
“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 24 hours or includes overnight accommodation:
- (a) transport;
- (b) accommodation
- (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.”
Most of the obligations under the Regulations fall on “the organiser”. This is defined as “the person who, otherwise than occasionally, organises packages and sells or offers them for sale, whether directly or through a retailer”. There are also obligations on retailers who sell packages to consumers. Generally, fundraising organisations will want the specialist tour operator to be the “organiser” with responsibility for compliance. Further basic information is available from the Department for Business Innovation and Skills – but this is a complicated area and you should take professional advice.
There are additional legal requirements for events involving flights (under the Civil Aviation Air Travel Organisers’ Licensing Regulations 1995 (“the ATOL Regulations”). The Civil Aviation Authority (“the CAA”) has in the past issued guidance for charities organising challenge events involving flights. Detailed information is available on the CAA’s website. This is also a complicated area and you should take professional legal advice.
Flying displays, the operation of balloons for public flights and other “unusual aerial events” (e.g. balloon releases and fireworks displays) may require consent from the Civil Aviation Authority (CAA) or notification to the CAA.