Package Holidays and Travel Trade Act 1995

Significant failure of performance after start of the package.

19

F28[19. (1) The organiser shall be responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers.

(2) The traveller shall inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which he or she perceives during the performance of a travel service included in the package travel contract.

(3) The organiser shall remedy any lack of conformity unless

(a) it is impossible to remedy the lack of conformity, or

(b) it entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.

(4) If the organiser fails to remedy the lack of conformity referred to in subsection (3) due to the circumstances referred to in paragraph (a) or (b) of that subsection, section 20 shall apply.

(5) Other than in the circumstances referred to in subsection (3), where the organiser fails to remedy the lack of conformity within a reasonable period specified by the traveller, the traveller may do so and may request, from the organiser, reimbursement of the expenses incurred by him or her which were necessary to remedy the lack of conformity which shall be paid by the organiser.

(6) Notwithstanding subsection (5), it shall not be necessary for the traveller to specify a time-limit within which the lack of conformity is to be remedied by the organiser if the organiser refuses to remedy the lack of conformity or if immediate remedy is required.

(7) (a) Where a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organiser shall offer, at no extra cost to the traveller, suitable alternative arrangements for the continuation of the package of, where possible, equivalent quality to, or a higher quality than, those specified in the contract, including where the traveller’s return to the place of departure is not provided as agreed.

(b) Where the proposed alternative arrangements offered by the organiser referred to in paragraph (a) result in a package of lower quality than that specified in the package travel contract, the organiser shall grant the traveller a corresponding price reduction.

(c) The traveller may reject the proposed alternative arrangements offered by the organiser referred to in paragraph (a) or (b) only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate, as the case may be.

(8) Where a lack of conformity substantially affects the performance of the package and the organiser has failed to remedy it within a reasonable period specified by the traveller under subsection (5), the traveller may terminate the package travel contract without paying a termination fee and may, where appropriate in the circumstances, request, in accordance with section 20, a price reduction or compensation for damages or both which shall be paid by the organiser to the traveller.

(9) If it is impossible to make alternative arrangements in accordance with subsection (7)(a) or the traveller rejects the proposed alternative arrangements offered to him or her in accordance with subsection (7)(c), the traveller is, where appropriate in the circumstances, entitled, in accordance with section 20, to a price reduction or compensation for damages or both, without terminating the package travel contract, which shall be paid by the organiser to the traveller.

(10) If the package includes the carriage of passengers, the organiser shall, in the cases referred to in subsections (8) and (9), provide for the repatriation of the traveller by equivalent means of transport without undue delay and at no extra cost to the traveller.

(11) (a) Subject to paragraph (b), for so long as it is impossible to ensure the return of a traveller as agreed in the package travel contract due to unavoidable and extraordinary circumstances, the organiser shall be liable for the cost of necessary accommodation for the traveller, where possible of equivalent standard, for a period not exceeding three nights.

(b) Where European Union passenger rights legislation applicable to the relevant means of transport for the return of a traveller apply, the organiser shall be liable for the costs of necessary accommodation of the traveller for any such longer periods as are provided for under the relevant provisions of that legislation.

(12) (a) The limitation on the liability of an organiser for the cost of necessary accommodation for a traveller for the period referred to in subsection (11) shall not apply to any person with reduced mobility and any person accompanying such a person, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organiser has been notified of the particular needs of such persons not later than 48 hours before the start of the package.

(b) In paragraph (a), ‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers.

(13) The organiser shall not be entitled to rely on the existence of unavoidable and extraordinary circumstances to limit the organiser’s liability under subsection (11) where the relevant transport provider is not entitled to rely on such circumstances under applicable European Union passenger rights legislation.

(14) In this section, “European Union passenger rights legislation” means:

(a) Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/914;

(b) Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations5;

(c) Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No. 2006/20046;

(d) Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No. 2006/20047.]

Annotations:

Amendments:

F28

Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 14.