Unpacking the ATOL Consultation May 2022 Martin Alcock Travel Trade Consultancy [email protected]

The CAA is considering moving to a framework that takes a more systematic approach to ATOL holder risk, and that better prices any residual risk an ATOL holder poses to the consumer. The objective would be to encourage and incentivise ATOL holders to reduce their reliance on customers’ money as a source of funding working capital thereby requiring them to pursue a more robust funding structure and financial policy. ATOL Reform 1 1

Reduce reliance on customer money Risk based pricing of ATOL Protection Contribution (APC) Minor changes to rules around agency agreements Changes to Small Business ATOL (SBA) payment terms The consultation covered 4 areas

A menu of options

Option A – Mandatory framework • Total segregation vs partial segregation (eg. a fixed percentage) • Three proposed methods • Client account • Escrow account • Trust account i) Mandatory segregation of client money ii) Mandatory bonds

Mandatory portion of client money to be protected Segregated client money Option A Bond Option B Segregated client money Bond Option C Segregated client money Bond Option D 100% 80% Option B – Tailored framework

i) Maintain a flat priced APC ii) Risk based APC Average holiday price Business model risk Hybrid Option C - ATOL Protection Contribution (APC)

Option D – The open market solution

Key questions Transition arrangements Link to airline reform Breadth of consultation Complexity of requirements The agent business model

Retail Agent Tour Operator X Pipeline money The pipeline money problem

Segregating client money ATOL trusts and escrow accounts Bank account A trustee Trust deed Beneficiaries

Trust a/c Typical ATOL trust working Booking Supplier payment Departure Balance due E.g. £250 Credit/debit X Credit/debit X E.g. £750 Return Current a/c E.g. £200 X E.g. £550 X E.g. £800 E.g. £200 *Only if cover against supplier failure is in place

Escrow a/c Typical ATOL escrow working Current a/c Credit/debit Weekly calculation of total aggregate of gross ATOL client money held: If escrow a/c balance is more than 70% trustee can release cash down to 70% If escrow a/c balance is less than 70%, company must top up the account to 70%

Next steps Summer 2022 May 2022 Summary of responses Second consultation on final options

Thanks for listening! Martin Alcock Travel Trade Consultancy [email protected] linkedin.com/in/martin-alcock/