Package Holidays and Travel Trade Act 1995
F17[10.— (1) Before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, the retailer, shall provide the traveller with the standard information set out in the relevant form in Part A or B of Schedule 1, as appropriate, and, where applicable to the package, with the following information—
(a) the main characteristics of the travel services, namely—
(i) the travel destination or destinations, itinerary and periods of stay, the dates and, where accommodation is included, the number of nights included,
(ii) the means, characteristics and categories of transport, the points, dates and time, or approximate time where exact times are not yet determined, of departure and return, the duration and places of intermediate stops and transport connections,
(iii) the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination,
(iv) the meal plan,
(v) visits, excursions or other services included in the total price agreed for the package,
(vi) where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group,
(vii) the language in which other tourist services will be carried out where those services provided for the benefit of the traveller depend on effective oral communication; and
(viii) whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs,
(b) the trading name, geographical address, telephone number and email address of the organiser and, where the package is sold through a retailer, the retailer,
(c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs for which the traveller may be liable,
(d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller,
(e) the minimum number of persons required for the package to take place and the time-limit, referred to in section 18A(4)(a), before the start of the package for the possible termination of the contract if that number is not reached,
(f) general information on passport and visa requirements, including approximate periods for obtaining visas, and information on health formalities, of the country of destination,
(g) information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with section 18A(1);
(h) information on any term in the contract providing for the traveller to take out optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death, but nothing in this Act makes it compulsory for a traveller to purchase any such insurance and no such term in the contract affects any rights of a traveller provided for in this Act, in European Union passenger rights legislation or the relevant international conventions in relation to the cost of the termination of the contract or the cost of assistance, or both, as the case may be;
(i) in the case of packages offered for sale by an organiser who has no place of business in the State, a nominated agent with an address within the State who will accept service on behalf of and represent the organiser in any proceedings (including criminal proceedings) in respect of or arising out of or connected with any package travel contract or brought pursuant to or in connection with any provision of this Act.
(2) Where a package travel contract is concluded by telephone, the organiser and, where the package is sold through a retailer, the retailer, shall provide the traveller with the standard information set out in Part B of Schedule 1, and the information set out in paragraphs (a) to (h) of subsection (1).
(3) (a) With respect to paragraph (b)(v) of the definition of package in section 2(1), the organiser, and the trader to whom the data referred to in that paragraph are transmitted, shall each ensure that, before the traveller is bound by a contract or any corresponding offer, the information set out in paragraphs (a) to (h) of subsection (1) is provided to the traveller, in so far as that information is relevant to the respective travel services offered by the organiser or the trader, as the case may be.
(b) The organiser shall provide to the traveller, at the same time as the information referred to in paragraph (a) is provided, the standard information set out in Part C of Schedule 1.
(4) The information referred to in subsections (1) to (3) shall be provided in a clear, comprehensible and prominent manner and, where such information is provided in writing, it shall be legible.
(5) (a) An organiser who contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence.
(b) A retailer, where a package is sold through the retailer, who contravenes subsection (1), (2) or (4) shall be guilty of an offence.
(c) A trader who contravenes subsection (3)(a) or (4) shall be guilty of an offence.
(d) In proceedings for an offence under subsection (2) it shall be a defence for an organiser if he or she can show that the contravention was due to the act or omission of the trader in failing to provide the organiser with the information required under that paragraph.
(6) In subsection (1)(h), references to “European Union passenger rights legislation” and the “relevant international conventions” shall be construed in accordance with section 19(14) and section 20(8) and (9), respectively.]
Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 6.