Notice of transfer of business
I am writing to you to advise of two important changes to our agency agreement (‘Contract’).
The first is a change of company entity from Scenic Tours Europe AG to Scenic Tours (UK) Ltd. As you know we are a global business and this is following a reorganisation of our corporate structure. There is no other material change to our commercial terms or financial arrangements.
The second is a standard ATOL requirement whereby we have to update our T&Cs with you to reflect ATOLs latest regulations.
Providing that you are happy with the above you need take no further action and we will assume that you are happy with this contract addendum. If you have any questions or wish further clarification on any points please let me know.
1. The Contract is amended with immediate effect as follows:
i) The definition of “DPA” is replaced throughout the Contract with the definition Data Protection Legislation and the definition replaced as follows:
Data Protection Legislation means (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998
ii) The definition of “PT Regulations” is replaced with the following:
PT Regulations means the Package Travel and Linked Travel Arrangements Regulations 2018 (Statutory Instrument 2018 No.634) and any amendment or re-enactment of the same and all other legislation implementing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements
iii) Clause 5.1 , where it states “Mandated Agency Terms 3, 5, 8, and 9 remain binding on the Agent after the Failure of the Operator” shall now read:
Mandated Agency Terms 3, 5, 8, 9 and 13 remain binding on the Agent after the Failure of the Operator
iv) Clause 5.4, where is states “The Agent must provide the ATOL Certificate to the Lead Customer in accordance with the specified method set out in paragraph (c) of Agency Term 6 of the Mandated Agency Terms (with referenced to the confirmation being read as references to the ATOL Certificate)” shall now read:
The Agent must provide the ATOL Certificate to the Lead Customer in accordance with Agency Term 6.1 of the Mandated Agency Terms
v) Schedules 4 (Mandated Agency Terms applicable to Licensable Transactions) and 5 (ATOL Standard Terms relevant to this Agreement) are replaced with the updated schedules attached to this agreement.
2. As of 10th June 2020 (‘Effective Date’):
i) Scenic Tours Europe AG transfer all our rights and obligations under the Contract to:, Scenic Tours (UK) Ltd Company Number 05770868 of 4 Piccadilly Place, Manchester, UK, M1 3BN. The Contract is therefore amended to reflect this and Scenic Tours (UK) Ltd ATOL 9294 & ABTA Y6328.
ii) Scenic Tours (UK) Ltd will perform the Contract and be bound by its terms in every way as if it were the original party to it in place of us.
iii) You will perform the Contract and be bound by its terms in every way as if Scenic Europe were the original party to it in place of us.
iv) Each of us releases the other from all its future obligations under the Contract. However, nothing in this agreement shall affect or prejudice any claim or demand that either of us has against the other relating to matters occurring before the Effective Date.
The Contract will in all other respects continue on its existing terms.
From the Effective Date all confirmation invoices, ATOL certificates, and invoices for your services should therefore reflect the change of corporate entity to the Contract.
If you have any questions concerning the proposed transfer, please contact Joseph Grimley.
This letter and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
This Agreement will take effect from 10th June 2020 or, if later, the date on which the you first seek to confirm a booking with Scenic Tours (UK) Ltd.