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Failure of Pax Travel Ltd

ATOL No: 3011
Date of failure: 22.12.2021

Pax Travel Ltd – ATOL 3011 has ceased trading as an ATOL holder on 22nd December 2021

The company held an ATOL up until 30th September 2021. Bookings and payments made or RCNs issued after 31st October 2021 are not ATOL Protected.

The company based in Lincoln traded under the name Pax Travel and website(s) www.paxtravel.co.uk

The following information is for ATOL protected bookings. ATOL protected consumers are those that booked:

An ATOL protected flight inclusive package protected by Pax Travel Ltd

Your ATOL Certificate will say either ‘Package Single Contract’ or ‘Package Multi-Contract’ in the bottom right hand corner.  Pax Travel Ltd’s ATOL number 3011 will also be shown in the box to the left of this.

An ATOL protected Flight-Only booking protected by Pax Travel Ltd

We understand that Pax Travel Ltd sold a small number of ATOL protected flights.

Only a small number of the flights sold by Pax Travel Ltd were ATOL protected and these were typically for flights secured with just a deposit (rather than payment of the full cost of the flight).  Unprotected flights were typically those where full payment was made at the time of booking and a ticket was issued straightaway.

The best way to determine if your flight was ATOL protected is to check your paperwork.   If you booked an ATOL protected flight you should have an ATOL Certificate which says ‘Flight-Only’ in the bottom right hand corner.  Pax Travel Ltd’s ATOL number 3011 will also be shown in the box to the left of this.

Consumers due to travel

Package bookings

If you have flight tickets the flight may be valid, passengers are advised to check with the airline, if the airline confirms you have a valid ticket for travel, you have two options:

Option 1. If you do not wish to use your flight you can make a claim for a refund for the amount you paid to Pax Travel Ltd for your ATOL Protected package (depending upon your original method of payment).  Also applicable for passengers with non-valid flights.

Option 2. You can use your flight and if you are asked to pay again for the other elements included in your original package, claim for the cost of replacing these (subject to how you originally paid).

The other services may not have been paid to the local suppliers and you may be required to re-arrange and pay for these services again.   To avoid any issues in resort, you should confirm the cost of all the elements in advance of travel.

However, there is a limit to the amount you can claim. For details of your claim entitlements may view the ATT Payment Policy.

Warning

You should follow government travel advice available here https://www.gov.uk/coronavirus

Think very carefully before you choose option 2 and check the cancellation terms with the suppliers particularly considering the prevailing short notice travel restrictions and/or quarantine measures.

Please note that if you choose to travel and use your valid flight, you are not protected under The Package Travel and Linked Travel Arrangements Regulations 2018 as your package travel provider has ceased to trade.  You will therefore be responsible for any risks arising from each individual element of your trip which would have previously been protected.

Consumers who choose Option 2 and decide to travel, if you originally paid Pax Travel Ltd by credit card, then your claim for the replacement elements will be from your credit card company.  The amount you can claim from your credit card company will be capped at the value of your original credit card transaction.  So, if your replacement element claim exceeds this sum, you may claim the remainder from ATOL.  The replacement items must either match their original booking or be of the same standard, board basis, room type, tour etc, as their original.  Please check the ATT Payment Policy for your claim entitlement.  Details of documentation required for making a claim can be found in the claim guidance.

Please note claims cannot exceed the total cost of the original booking made with Pax Travel Ltd.

ATOL protected bookings that were cancelled and refund credit notes issued

If your ATOL booking was cancelled on or after 10th March 2020 due to Covid-19 and Pax Travel Ltd issued to you an ATOL Covid-19 Voucher – they may have called it a ‘Refund Credit Note’ or provided written confirmation that you are owed a refund, you may make a claim (subject to how you originally paid).

Please note that we can only accept claims for cancelled ATOL bookings.   Unfortunately, this means that if you booked an unprotected flight (see above ‘An ATOL protected Flight-Only booking’) you cannot make an ATOL claim and need to speak to the airline.

Flight-Only booking

If you have a flight ticket, your flight should be valid, and you should still be able to travel.

The best way to check is to contact the airline.  If the airline advises you that a ticket has not been issued or is not valid, ask them to confirm this in writing, you will need this confirmation to make a claim.  You can only claim a refund under the ATOL scheme if your flight is not valid or you have not received a ticket.

Depending on your booking type and method of payment, your claim will either be with the CAA or your credit card provider.

Package bookings made directly with Pax Travel Ltd

If you paid for your original trip by credit card to Pax Travel Ltd, your claim will be with the credit card provider.  If you are choosing to travel, you should check with your credit card provider prior to travelling to establish what your claim entitlement amount is. You will only be entitled to claim for any replacement costs from ATOL up to the cost of your original trip less the amount originally paid by credit card.

If you paid for your original trip by credit card and other methods to Pax Travel Ltd, your claim will be with the credit card provider for the portion you paid by credit card, and the CAA for payments by other methods.  If you are choosing to travel, you should check with your credit card provider prior to travelling to establish what your claim entitlement amount is. You will only be entitled to claim for any replacement costs from ATOL up to the cost of your original trip less the amount originally paid by credit card. If you do not travel you will be entitled to claim for the payments by credit card from your credit card provider and the other methods of payment from ATOL.

If you paid for your original trip by any method other than credit card to Pax Travel Ltd, your claim will be with ATOL. If you choose to travel and are requested to pay again to replace elements of your original booking, you will be entitled to claim for any replacement costs from ATOL.  If you do not travel you will be entitled to claim from ATOL.

Flight-Only bookings made directly with Pax Travel Ltd

You may only make a claim if you do not have a ticket or your flight is not valid for travel.

If you paid by credit card directly to Pax Travel Ltd, your claim will be with the credit card provider.

If you paid by credit card and other methods directly to Pax Travel Ltd, your claim will be with the credit card provider for the portion you paid by credit card, and ATOL for payments by other methods.

If you paid by any method other than credit card directly to Pax Travel Ltd, your claim will be with ATOL.

Accommodation Only, Non-flight Packages

Bookings which do not include a flight element are not covered by the ATOL scheme and consumers should contact www.abta.com

Claim Documents

ATOL claim form

Letter for credit card issuer

When completing the ATOL claim form:

–           Enter 00:00 if you do not know your flight times

–           Use your original date of booking

–           Use your most recent ATOL Certificate Number (Booking Reference)

Time limit for making a claim to ATOL by 21st December 2022

The UK CAA has the power to prosecute offences related to its statutory functions. Person(s) who make fraudulent ATOL claims, following the failure of an ATOL holder, may be prosecuted by the UK CAA for offences under section 1 of the Fraud Act 2006. The maximum sentence for this offence is 10 years’ imprisonment.

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