Fillable Deed of Undertaking from a company or individual (London Institute of Management and Technology)

Fill Online, Printable, Fillable, Blank Deed of Undertaking from a company or individual (London Institute of Management and Technology) Form

Use Fill to complete blank online LONDON INSTITUTE OF MANAGEMENT AND TECHNOLOGY pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

Deed of Undertaking from a company or individual (London Institute of Management and Technology)

On average this form takes 13 minutes to complete

The Deed of Undertaking from a company or individual (London Institute of Management and Technology) form is 8 pages long and contains:

  • 0 signatures
  • 0 check-boxes
  • 50 other fields

Country of origin: UK
File type: PDF

U.K. forms for London Institute of Management and Technology

BROWSE LONDON INSTITUTE OF MANAGEMENT AND TECHNOLOGY FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019 Page 1 of 8
Deed of Undertaking from a company or
individual to the ATT Trustees (Multiple ATOL
Holders)
Day Month Year
This Deed of Undertaking is made on
Name, Address of Obligor in the UK for service of notices and proceedings
By:
Of:
Postcode:
Email address:
Facsimile Number:
Company registration number:
(
if applicable)
(
hereinafter “the Obligor”) of the first part: and
the Civil Aviation Authority of Aviation House, Beehive Ringroad, Crawley,
West Sussex RH6 0YR (hereinafter “the CAA”) as agent for and on behalf of
Marykay Fuller, Paul Anthony Smith, Catherine Ruth Staples and Christopher James
Tingle in their capacity as the trustees of the Air Travel Trust and
whose address is the same as the CAA’s, (hereinafter “the ATT Trustees”) of the
second part.
Undertaking by the Obligor to pay the Amount to the ATT Trustees
The Obligor shall within five working days of service of a Demand on the Obligor pay or
transfer funds equal to the amount stated in the Demand to the ATT Trustees, such
payment to be made to the Trustees of the Air Travel Trust account in accordance with
the bank details specified in the Demand made by the ATT Trustees or the CAA (as its
agent).
The Obligor’s maximum liability pursuant to this undertaking is specified in Annex 1 to this
Deed and the Obligor’s maximum, total liability shall not exceed the total sum specified in
that Annex.
This undertaking is made in respect of the persons listed in Annex 1 (each such person
being hereinafter called “the ATOL holder”)
If the ATOL holder is a company insert the registered name of the company, including Limited
or Plc, as applicable.
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019
Page 2 of 8
A. Whereas the CAA may refuse an application for an ATOL or a variation to an ATOL or
may revoke, suspend or vary an ATOL in exercise of its powers under the ATOL
Regulations, if it is not satisfied that the resources of any person to whom it grants an
ATOL and the financial arrangements made by that person are and remain adequate
for discharging its actual and potential obligations in respect of the activities in which it
is or may be expected to be engaged under an ATOL.
B. Whereas the ATT Trustees (through the agency of the CAA and pursuant to the ATT
Deed) administer a fund (known as the Air Travel Trust Fund) for the relief of any loss
in respect of any payment made by or on behalf of any Consumer to a failed ATOL
holder or to an agent of the failed ATOL holder under or with a view to entering into a
licensable transaction (as such term is defined in the ATT Deed) and for the relief of
loss and liability occasioned to Consumers of failed ATOL holders in consequence of
the failure of the ATOL holder to provide flight accommodation, living accommodation,
car hire and other facilities and tourist services which the failed ATOL holder was to
provide or arrange to provide in accordance with its obligations under or in connection
with such a licensable transaction and to make payments to fulfilment partners for
the provision of such services to such Consumers and may incur costs and
expenses in providing or procuring the provision of such flight accommodation,
living accommodation and other facilities and tourist services and relieving such
losses and liabilities.
C. Whereas the CAA has indicated that it could not be satisfied that an ATOL should be
granted to the ATOL holder or be renewed or varied as applied for by the ATOL holder
or has indicated that the ATOL held by the ATOL holder should be revoked, suspended
or varied under the ATOL Regulations unless, inter alia, the Obligor gave or continued
to give the following separate undertakings in this Deed to the ATT Trustees.
D. Whereas the ATOL holder has requested the Obligor to enter into the Deed of
Undertaking for this purpose.
Now ther
efore the Obligor hereby irrevocably undertakes to the ATT Trustees and the
parties agree as follows:-
Definitions and Interpretation
1. In this Deed the following expressions (in bold) shall have the following meanings:
1.1. Amount means the sum which the Obligor is required to pay to the ATT Trustees
under this Deed (not exceeding the Obligor’s maximum liability under this Deed) if
a Demand is served on it;
1.2. an ATOL and an ATOL holder have the same meanings as in the ATOL
Regulations;
1.3.
ATOL Regulations means the Civil Aviation (Air Travel Organisers’ Licensing)
Regulations for the time being in force under section 71 of the Civil Aviation
Act 1982 (as amended from time to time);
1.4. ATT means
the Air Travel Trust constituted by the ATT Deed;
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019
Page 3 of 8
1.5. ATT Deed means the Trust Deed dated 5 January 2004 made between the
Secretary of State
and the persons described in it as being the original Trustees
as amended, supplemented or substituted from time to time;
1.6. ATT Payment Policy means the policy for payments from the ATT under the ATT
Deed published by the ATT Trustees from time to time;
1.7. ATT Trustees means the trustees for the time being of the ATT including any
Replacement ATT Trustee;
1.8. Consumer has the same meaning as in the ATOL Regulations;
1.9. Demand means a demand in writing signed by an authorised signatory of the CAA
(as agent for the ATT Trustees) stating the Amount;
1.10. Failure of an ATOL holder has the same meaning as in the ATOL Regulations
and any reference in this Deed to the failure of the ATOL holder shall be construed
accordingly;
1.11. Notice of ATOL holder failure means a notice of the Failure of an ATOL holder
published by the CAA in the CAA’s Register of Failed ATOL Holders pursuant to
the ATOL Regulations when there has been a Failure of an ATOL holder;
1.12. Replacement ATT Trustee means any person who replaces an existing ATT
Trustee or who is appointed to act as an ATT Trustee in addition to any other ATT
Trustees pursuant to the ATT Deed; and
1.13. Working Day means any week day other than Saturdays, Sundays, Christmas
Day, Good Friday or any bank holiday under the Banking and Financial Dealings
Act 1971.
2. In this Deed:
a) the use of the singular includes the plural and vice versa;
b) unless the contrary intention appears, a reference to a document is a reference to
that document as amended, supplemented or novated from time to time;
c) a person includes any individual, company, corporation, unincorporated
association or body, organisation or entity;
d) any reference to a notice means a written notice; and
e) any reference to legislation means the legislation as amended or consolidated
from time to time.
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019
Page 4 of 8
Commencement Date and Remaining in Force
3. The Deed of Undertaking will take effect from the date hereof.
4. The Deed of Undertaking will remain in force until the earliest of:
a) the date it is released by the ATT Trustees in writing at their absolute discretion;
b) the extinguishment of the Obligor’s liability following payment of the Amount; or
c) the expiry of 6 months following the Obligor giving notice to the ATT Trustees, care
of the CAA, except that (i) no such notice will be effective if a Notice of ATOL
holder failure is published in respect of the ATOL holder by the CAA in the CAA’s
Register of Failed ATOL holders prior to the expiry of such 6 month period and (ii)
no such notice may be given after the date of such publication of a Notice of ATOL
holder failure in respect of the ATOL holder.
Limited recourse against the ATT Trustees, release of ATT Trustees’ liabilities and
replacement of ATT Trustees
5. The ATT Trustees enter into the Deed of Undertaking only in their capacities as trustees
of the ATT. The recourse of the Obligor to the ATT Trustees or any of them under the
Deed of Undertaking is limited to an amount equal to the aggregate value of the assets
comprised in the ATT from time to time. The Obligor has no recourse to any assets of
any ATT Trustee held either:
a) as a trustee or co-trustee of any trust other than the ATT; or
b) by that ATT Trustee in his or her personal capacity.
6. An ATT Trustee shall be released from his or her liabilities under this Deed forthwith
upon the death of that trustee or upon the resignation or removal of that trustee as a
trustee of the ATT.
7. Subject to Clause 5 and Clause 6 the obligations of the ATT Trustees under this Deed
are joint and several.
Service of a Demand and a notice
8. The CAA may serve a Demand on the Obligor at any time if the CAA has published a
Notice of ATOL holder failure in respect of the ATOL holder in the CAA’s Register of
Failed ATOL Holders.
9. A Demand will be deemed to have been served once it has been sent by the CAA to the
Obligor by one of the methods to one of the places set out in this Clause.
10. A Demand may be served by means of post, hand delivery, email or facsimile
transmission to (i) the address in the United Kingdom or facsimile or email address that
the Obligor has notified to the CAA in this Deed of Undertaking for such purposes or (ii)
to the Obligor’s registered office address or to its usual place of business in the United
Kingdom or (iii) to such address and by such means as the CAA thinks in its reasonable
opinion fit.
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019
Page 5 of 8
11. Any notice to be served by the Obligor under Clause 4 c) must be served by one of the
methods specified in Clause 10 on the CAA at the following address:
The Air Travel Trustees
Address:
11 Westferry Circus, Canary Wharf, London E14 4HD;
Email addresses: Airtraveltrust@caa.co.uk
Undertaking by the Obligor to pay the Amount to the ATT
12. The Obligor shall within 5 working days of service of a Demand pay the Amount to the
ATT Trustees, such payment to be made in accordance with the bank details specified in
the Demand made by the ATT Trustees or the CAA (as its agent).
Demand deemed conclusive
13. The sum stated in a Demand as comprising the Amount shall be conclusive evidence as
to such sum being due and payable except in the case of manifest error or fraud.
ATT Trustees’ Obligations
14. Where the CAA has issued a Demand and the ATT Trustees have received payment in
full of the Amount payable pursuant to such Demand from the Obligor, the ATT Trustees
will place on interest bearing deposit any part of that Amount which they do not then
require for the purposes referred to in Clause 15.
15. The ATT Trustees shall use the Amount, and any interest received thereon for the
purpose of achieving any object of any power vested in the ATT Trustees under the ATT
Deed in accordance with the ATT Payment Policy arising from or consequent on or in
relation to the failure of the ATOL holder.
16. When in the reasonable opinion of the ATT Trustees such objects have been achieved,
the ATT Trustees will:
a) repay to the Obligor, or another person nominated to the ATT Trustees in writing
by the Obligor, an amount equal to such part of the Amount and any interest earned
thereon (net of tax, charges, expenses and other similar costs) that has not been
used , expended or spent for such purpose; and
b) provide to the Obligor a written statement of expenditure in relation to any part of
the Amount and any interest earned thereon (net of tax, charges, expenses and
other similar costs) that has been so used, provided always that the amounts the
ATT Trustees have expended within the scope of Clause 15 are subject to the ATT
Trustees’ absolute discretion.
17. Nothing in this Deed and no action taken by the parties under this Deed shall create any
trust over any part of the Amount or over any interest earned on it in favour of the Obligor
or constitute the ATT Trustees or the CAA as a trustee for the Obligor or the Obligor as
trustee for either the ATT Trustees, the CAA or any Consumer in respect of any such
money.
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019
Page 6 of 8
General Provisions
18. In this Deed the CAA acts as the agent of the ATT Trustees and all notices and rights of
the ATT Trustees under this Deed may be given and exercised by the CAA on their behalf
until further notice to the contrary is given to the Obligor.
19. The Obligor shall not by paying any sum payable hereunder or any part thereof or by
incurring any liability hereunder or by any other means or on any other ground claim any
set-off or counter claim or reimbursement against the ATOL holder.
20. Apart from a Replacement ATT Trustee and the ATOL holder (in respect of Clause 19
only), a person who is not a party to this Deed has no right by virtue of the Contracts
(Rights of Third Parties) Act 1999 to enforce this Deed.
21. This Deed shall be governed by and construed in accordance with the laws of England
and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales
over any claim, matter or dispute arising under or in connection with it.
Annex 1
Schedule of ATOL holders or applicants and the Amount (maximum, total liability) liable to
be demanded from the Obligor
ATOL holder or applicant
Company
registration number
ATOL number
1
The Obligor’s maximum, total liability under this Deed is £
1
If not yet known the Obligor hereby agrees that the CAA may insert the ATOL
holder’s ATOL number, once known, post execution of this Deed.
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019
Page 7 of 8
Execution if Obligor is a Company
2
IN WITNESS whereof the Obligor has executed this Agreement as its Deed and the CAA has
executed this Deed on behalf of the ATT Trustees the day month and year first above written
Signed as a deed on behalf of:
Obligor:
Registered Company
Number:
And delivered in the presence of the following persons authorised in that behalf:
Director of the Obligor
N
ame:
Signat
ure: Date:
Director/ Secretary of the Obligor
Name:
Signat
ure: Date:
Execution if Obligor is an individual
IN WITNESS whereof the Obligor has executed this Agreement as a Deed and the CAA has
executed this Deed on behalf of the ATT Trustees the day month and year first above written
Signed as a Deed:
Name of Obligor:
In the presence of (signature)
2
If the Obligor is a foreign registered company or other entity, evidence of due authority of the signatories to bind the
Obligor should be provided to the ATT Trustees before formal completion of the Deed.
CMG ATOL
Deed of Undertaking – Multiple ATOL Holders
Form CMG 3009, Issue 3, November 2019
Page 8 of 8
Name of Witness:
Address:
Postcode:
Executed for and on behalf of the ATT Trustees, by an Authorised Signatory of the CAA as agent for
the ATT Trustees:
Signature of an Authorised Signatory of the CAA as agent for the ATT Trustees
.................................................................................................................................
Name of Authorised Signatory of the CAA as agent for the ATT Trustees
..............................................................................................
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

Deed of Undertaking from a company or individual (London Institute of Management and Technology)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 1 June 2021

Message

View Audit Log
Print With Audit Log
Duplicate Document