An operator who negotiated deals between bonded agents, but did not itself conclude a contract, did not require an Air Travel Operator’s Licence. It transmitted the purchase price through a separate account used only for this purpose. The regulations however only caught those who made accommodation available, and no extent of purposive construction could extend that phrase to catch the operator’s service. At its highest, the company could be described as assisting the principal, or facilitating the acquisition of flight accommodation. The fact that the company’s intervention led to a break in the chain of security protecting the consumer was not enough.
Lord Phillips MR, Peter Gibson and Latham LJJ
Times 15-May-2001, Gazette 14-Jun-2001,  EWCA Civ 610,  2 All ER (Comm) 769,  All ER (D) 08
England and Wales
Updated: 19 May 2022; Ref: scu.85980