regulation


suppliers such as airlines when a package is cancelled. But a High Court ruling in the UK in October 2023 secured just such a refund from Ryanair for On the Beach. So, is a clarification in the PTRs still needed? Golding argued: “The High Court


GHFLVLRQ PDGH LW FOHDU WKDW WKH H[LVWLQJ rights are what package organisers would hope for. I’m not sure there is a need for it to be restated or put differently. But whether it is restated or clarified is a different question because nothing KDV FKDQJHG H[FHSW IRU WKH FRXUW VD\LQJ ‘This right says what you think it says’.”


DIGITAL MARKETS, COMPETITION AND CONSUMERS ACT A significant piece of legislation, the Digital Markets, Competition and Consumers (DMCC) Act 2024, came partially into effect in January and could have consequences for the industry from April. *ROGLQJ H[SODLQHG “7KH GLJLWDO PDUNHW


and competition aspects of the DMCC came into force in January 2025, the consumer aspects are due from April 2025 and there is a new subscriptions regime H[SHFWHG WR FRPH LQWR IRUFH LQ VSULQJ “The Act is important for travel


companies, especially the new powers it gives the Competition and Markets Authority (CMA) to enforce consumer law. At present, the CMA has the power to bring criminal and civil powers when it suspects a company has breached consumer law. Its use of criminal powers is rare. Civil enforcement powers require the CMA to initiate court proceedings, have a court find in its favour and impose a penalty. It’s a slow and time- consuming process, and it’s difficult for the CMA to take effective action. “The DMCC will change that significantly, giving the CMA power to investigate suspected infringements of consumer law and issue infringement notices in relation to provisional findings, including of breaches of undertakings


% reporting last overseas holiday Atol-protected


Don’t know/ not applicable


it wasn’t Certain


6% 7%


it wasn’t ‘Think’ it was


‘Think’ 18% 46% important Quite +5


% point change YoY


Source: CAA, consumer survey October 2023 Base: 3,510 UK adults 6% 23%


Certain it was


FIGURE 57: ATOL-PROTECTION OF HOLIDAYS Importance of Atol protection


Don’t know/ not applicable


important Not


26% 8%


12% important Very 54% -8


The CMA will be able to decide that there has been a breach of consumer law . . . and to impose financial penalties of up to 10% of turnover or £300,000


or breaches of its directions. It will also be able to issue infringement notices to anyone providing the CMA with materially false or misleading information. “In other words, the CMA will be able


to decide that there has been a breach of consumer law, have the power to require businesses to comply with its directions, and be able to impose substantial financial penalties of up to 10% of turnover or £300,000. Fines could also be imposed on individuals, against directors, managers, company secretaries or other people who control a business if that person consented to or connived in a breach of consumer law. It makes it much easier for the CMA to say, ‘You’re in breach of consumer law and here is the penalty’ or ‘Here are the ۑKWLZ GLUHFWLRQV ZH H[SHFW \RX WR FRPSO\ “The CMA is not going to have to jump


through the hoops it did before. It’s still going to have to use its powers reasonably, but the onus will be on a company subject to enforcement action to appeal. It flips on its head where we are now.” He noted: “The travel industry has


CONSUMER recognition of the importance of Atol protection appears to have fallen somewhat (Figure 57)


been in the CMA spotlight around PTR compliance during the pandemic and on greenwashing. So, it might be in the CMA’s sight lines. April 2025 is when


Travel Weekly Insight Report 2025 39


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