Package Holidays and Travel Trade Act 1995

Bonding where an approved body has a reserve fund or insurance.

23

F37[23. An organiser and a trader facilitating linked travel arrangements shall provide security under sections 22 and 22A to refund travellers in the circumstances referred to in those sections and, where applicable, to provide for the costs of repatriation and, if necessary, the financing of accommodation prior to repatriation, in one or more than one of the following ways:

(a) by depositing a sum of money, the amount of which shall be determined in the manner specified in section 24, in a bank or financial institution in the State, in the sole name of the Commission for Aviation Regulation, which shall, in the event of the insolvency of the organiser or the trader, be fully and exclusively available to the Commission, without restriction or condition;

(b) by entering into a contract of guarantee secured with an insurance undertaking or the holder of a licence or authorisation referred to in section 24(5)(a) who is authorised to provide that guarantee in the State, and which shall, in the event of the insolvency of the organiser or the trader, be fully and exclusively available to the Commission for Aviation Regulation, without restriction or condition;

(c) by entering into a contract for an insurance policy of the type set out in section 25 with an insurance undertaking referred to in paragraph (a)(i) or (ii) of section 24(5) who is authorised to provide that policy of insurance in the State, the proceeds of which shall, in the event of the insolvency of the organiser or the trader, be fully and exclusively available, without restriction or condition.]

Annotations:

Amendments:

F37

Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 20.

Modifications (not altering text):

C5

Functions transferred and references to "Department" and "Minister" for Tourism, Culture and Sport construed (1.06.2011) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 217 of 2011), arts. 2 and 3(1)(a)(iii), (2), in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport, Tourism and Sport.

(2) References to the Department of Tourism, Culture and Sport contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Transport, Tourism and Sport.

3. (1) The functions vested in the Minister for Tourism, Culture and Sport—

(a) by or under— ...

(iii) sections 23 and 24 of the Package Holidays and Travel Trade Act 1995 (No. 17 of 1995),

...

are transferred to the Minister for Transport, Tourism and Sport.

(2) References to the Minister for Tourism, Culture and Sport contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport, Tourism and Sport.

Editorial Notes:

E14

Previous affecting provision: power pursuant to section exercised (1.10.1995) by Package Holidays and Travel Trade Act, 1995 (Bonds) Regulations 1995 (S.I. No. 270 of 1995), in effect as per reg. 2; revoked (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 27(2)(a).