Package Holidays and Travel Trade Act 1995

Offences.

6

6. F11[(1) A person who commits an offence under this Act F12[(other than section 22(11) or 22A(15))] is liable on summary conviction to a class A fine.

(2) A person who commits an offence under F12[section 22(11) or 22A(15)] is liable—

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €250,000.]

(3) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other similar officer of such body or of any person who was purporting to act in any such capacity, that officer or person, as well as such body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first mentioned offence.

(4) No contract shall become enforceable or unenforceable and no right of action in civil proceedings in respect of any loss shall arise by reason only of the commission of an offence under section 22 F13[or 22A].

Annotations:

Amendments:

F11

Substituted (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 55(a), commenced on enactment.

F12

Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 5(1)(a) and (b).

F13

Inserted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 5(1)(c).

Editorial Notes:

E7

A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 3, S.I. No. 662 of 2010.

E8

Previous affecting provision: subss. (1), (2) amended (30.06.2005) by Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005), s. 83(a)(i), (ii), S.I. No. 323 of 2005, art. 3(b); substituted as per F-notes above.