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12.—(1) “Agent for an ATOL holder” means, subject to paragraph (2), a person who acts as agent on behalf and with the authority of a disclosed identified principal who is an ATOL holder.
(2) A person does not act as an agent for an ATOL holder unless, immediately upon receipt by that person of any payment for the flight accommodation being made available, that person—
(a)is entitled to supply an ATOL Certificate on behalf of the ATOL holder without reference to the ATOL holder;
(b)is able to bind the ATOL holder to the contract for flight accommodation; and
(c)acts in accordance with the terms of a written agency agreement which complies with regulation 22.
(3) For the purposes of these Regulations, a worker for an ATOL holder is not an agent for an ATOL holder.
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