Package Holidays and Travel Trade Act 1995
Information to be provided before start of package.
F21[13.— (1) The organiser of the package travel contract shall ensure that the package travel contract or confirmation of the contract sets out the full content of the agreement which shall include the information referred to in section 10(1)(a) to (h) and the following information:
(a) any special requirements of the traveller which the organiser has accepted,
(b) that the organiser is—
(i) responsible for the proper performance of all travel services included in the contract in accordance with section 19, and
(ii) obliged to provide assistance if the traveller is in difficulty in accordance with section 20B;
(c) the name, address and contact details of —
(i) the Commission for Aviation Regulation or, where the organiser is established in another Member State, the competent authority charged by that Member State with responsibility for insolvency protection, and
(ii) the person with whom the organiser has arranged security in the event of the organiser’s insolvency in accordance with this Act or, where the organiser is established in another Member State, with the law of that Member State giving effect to Article 17 of the Directive;
(d) the name, address, telephone number, e-mail address and, where applicable, the fax number of the organiser’s local representative, of a contact point or of another service which enables the traveller to contact the organiser quickly and communicate with the organiser efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the package;
(e) that the traveller is required to communicate any lack of conformity which he or she perceives during the performance of the package in accordance with section 19(2);
(f) where a minor who is unaccompanied by a parent or another person responsible for him or her travels on the basis of a package travel contract which includes accommodation, information enabling direct contact with the minor or the person responsible at the minor’s accommodation;
(g) the in-house complaint handling procedures available and the alternative dispute resolution (“ADR”) mechanisms pursuant to the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015), and, where applicable, the ADR entity by which the trader is covered and the online dispute resolution platform pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 20133 and the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015);
(h) the traveller’s right to transfer the package travel contract to another traveller in accordance with section 16.
(2) (a) With respect to paragraph (b)(v) of the definition of package in section 2(1), the trader to whom the data referred to in that paragraph are transmitted shall inform the organiser of the conclusion of the contract leading to the creation of a package and shall provide the organiser with the information necessary to comply with the organiser’s obligations under this Act.
(b) On being informed by a trader that a package has been created, the organiser shall provide to the traveller the information referred to in paragraphs (a) to (h) of subsection (1) on a durable medium.
(3) The information referred to in subsections (1) and (2) shall be provided in a clear, comprehensible and prominent manner.
(4) The organiser shall, in reasonable time prior to the start of the package, provide the traveller with—
(a) the necessary receipts, vouchers and tickets for the travel services provided as part of the package,
(b) information on the scheduled times of departure,
(c) the deadline for check-in, where applicable, and
(d) the scheduled times for intermediate stops, transport connections and arrival.
(5) (a) An organiser who contravenes subsection (1) or (2)(b) shall be guilty of an offence.
(b) In proceedings for an offence under subsection (2)(b) 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) A trader who contravenes subsection (2)(a) shall be guilty of an offence.]
Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 8.