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BUSINESS NEWS specialist’s annual event in London last week. Ian Taylor reports


Bunce: Lessons to be learnt from failure of Cook


Simon Bunce, Abta head of legal services, launched a robust defence of the CAA’s handling of Thomas Cook’s failure. Bunce told the Travlaw event


audience: “We’ve not seen a failure like this before. We’ve seen failures by tour operators, by agents, by airlines. We haven’t seen anything like this. We haven’t seen an Atol- accredited body go bust before.” The Freedom Travel Group


of agents was part of the Thomas Cook Group and a CAA-recognised Accredited Body. Bunce said: “Certainly, there are


lessons to be learnt from the failure, but all this happened overnight.” Journalist Simon Calder


Kelly Cookes, Simon Bunce, Matt Gatenby and Chris Photi (White Hart Associates)


Flybe deal highlights emissions challenge


The recent deal by the government to keep Flybe flying because of its importance to the UK regions highlights the difficulties government and industry face tackling carbon emissions. The government agreed to review


Air Passenger Duty on domestic flights despite criticism that reducing APD would encourage flying (T


ravel Weekly,


January 23). Abta head of legal services Simon


disagreed, saying: “There are so many questions. Thomas Cook was still taking bookings just before midnight on September 22. I booked a fortnight to Zante not expecting to take it. Should I have been able to buy a holiday just before the company went bust?” Cook went into liquidation on


September 23. Calder added: “I get 27 emails


a day from people saying they’re still waiting [for refunds]. The CAA said it would pay refunds in 60 days. I estimate 30,000 holidays have still to be refunded. Customers who booked with Thomas Cook through Expedia or Virgin Holidays were told their holiday was ‘toast’, then told their plane had taken off. The CAA provided an expectation and then didn’t deliver.”


Bunce said: “Flybe fits with government policy [because of its UK regional services]. But it raises the challenge the industry is going to have around carbon. “If the desire to address climate


change reduces [the number of] people flying, there will be economic consequences for the destinations airlines fly to. That is the challenge we face as an industry.”


Abta defends CAA’s Atol scheme


Abta rejected criticism of the Atol scheme in the wake of Thomas Cook’s collapse despite saying the association would raise the failure to pay third-party agents commission with the CAA (Travel Weekly, January 23). Simon Bunce, Abta head of legal


services, responded to criticism by journalist Simon Calder saying: “The purpose of Atol is to protect consumers [with bookings of] flights [and] accommodation and to bring them home if overseas, and that is what it did. “Consumers did continue their


holidays. Consumers will get their money back. The Atol Regulations did everything they were supposed to do.” He insisted: “Consumer protection


has served the industry well.” Calder told the Travlaw event: “Atol didn’t do what it says on the


travelweekly.co.uk


tin. I got my money [a refund on a holiday booked minutes before Cook ceased trading] in 57 days, but some consumers who claimed from credit cards got their money in three days. “Do we need Atol? Shouldn’t we


just rely on credit cards and Section 75 [of the Consumer Credit Act]?” Bunce dismissed that, saying:


“The Consumer Credit Act would not repatriate people.” Calder also criticised the decision


to repatriate all passengers, arguing: “The government sent a message that there is no need to buy an Atol-protected holiday because [it] will bring everybody home.” Bunce hit back, saying: “The


alternative would be to have check-in staff at airports asking consumers ‘Where’s your Atol Certificate?’ It would be chaos.” He asked: “How should


repatriation be funded in future? This is a conversation that has been going on for years.” The government is committed


to reviewing airline insolvency procedures after commissioning an Airline Insolvency Review following the collapse of Monarch in 2017. The review’s report was published last May. The government has yet to act on the recommendations but has sought industry views in a broader consultation on aviation strategy. However, transport secretary


Grant Shapps said in a written statement in October: “I am determined to bring in a better system for dealing with airline insolvency.” Bunce said: “The government


appears to want the CAA involved. We need to see what comes out of the process. Hopefully, we’ll get further than after the Monarch collapse.”


Simon Calder 30 JANUARY 2020 103


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