Agents told to be aware of on-line laws

Agents told to be aware of on-line laws

Legal update

Report by LISA JAMES

AGENTS with Internet sites could be unwittingly breaking laws such as copywrite and advertising standards, delegates at the ABTAconvention in Kos were told.

ABTA head of legal services Riccardo Nardi told delegates that the legal pitfalls of setting up a Web site were far worse than people realised.

“People used to think about the Web being the Wild West with no law applying but that is not true,” he said.

“All law that applies off-line applies on-line. We find that a lot of members seem to forget that. They get their Web site designed by an agency that is unaware, for example, that the ABTA number should be shown, and so the site goes up without this information being put up there.”

Nardi added that because a Web site can be viewed from anywhere in the world, agents could unknowingly be in breach of another country’s law.

“How many people are au fait with the law in Guatemala? Some companies have already been hit by this problem,” he said. “One solution could be to limit the site so it is viewed in the UK or European Union.”

Agents who provide details for a third-party Web site are responsible if any information is incorrect and agents who have links to a third-party site are breaking copywrite laws if they do not get written permission from the company.

Nardi said: “It’s important for agents to get contracts written up and signed if dealing with third parties.”

To help members avoid the pitfalls, ABTA has introduced an on-line code (see box right).

AGENTS with Internet sites could be unwittingly breaking laws such as copywrite and advertising standards, delegates at the ABTAconvention in Kos were told.

ABTA head of legal services Riccardo Nardi told delegates that the legal pitfalls of setting up a Web site were far worse than people realised.

“People used to think about the Web being the Wild West with no law applying but that is not true,” he said.

“All law that applies off-line applies on-line. We find that a lot of members seem to forget that. They get their Web site designed by an agency that is unaware, for example, that the ABTA number should be shown, and so the site goes up without this information being put up there.”

Nardi added that because a Web site can be viewed from anywhere in the world, agents could unknowingly be in breach of another country’s law.

“How many people are au fait with the law in Guatemala? Some companies have already been hit by this problem,” he said. “One solution could be to limit the site so it is viewed in the UK or European Union.”

Agents who provide details for a third-party Web site are responsible if any information is incorrect and agents who have links to a third-party site are breaking copywrite laws if they do not get written permission from the company.

Nardi said: “It’s important for agents to get contracts written up and signed if dealing with third parties.”

To help members avoid the pitfalls, ABTA has introduced an on-line code (see box right).

Risky business: Nardi warned delegates of the legal pitfalls of setting up a Web site

ABTA – on-line code of conduct

&#42 All sites must be audited to Trust UK standard.

&#42 ABTA and Trust UK logos must be shown, with a link through to these sites. It is recommended that the Air Travel Organiser’s Licence logo is also shown.

&#42 Booking conditions must be available on site and printable.

&#42 Security details and details of potential risk of booking over the site must be given to the consumer.

&#42 Payment and document delivery details must be available.

&#42 Contact details,including office address, telephone number and hours of opening must be on site.

&#42 Sites must contain details of how to complain.

&#42 In case of complaint, the onus is on the agent to prove they are not at fault.

&#42 Written permission must be obtained when agents link through to other sites or use information from other sites.