2. — (1) In this Act—

F1["Act of 1995" means the Package Holidays and Travel Trade Act 1995;]

"the Bond" has the meaning specified in section 13 of this Act;

F2["carrier" means a person F3[(other than a package provider where the package includes transport commencing in the State to destinations outside the State or Northern Ireland)] whose principal business is the provision of transport by land, sea or air on aircraft, vessels or other modes of transport owned and operated by such person;]

F1["Directive" means Directive (EU) No. 2015/2302 of the European Parliament and the Council of 25 November 2015 on package travel and linked travel arrangements¹;]

“the Fund” means the Travellers' Protection Fund established pursuant to section 15 of this Act;

F1["linked travel arrangement" has the meaning assigned to it by the Act of 1995.]

F4["insolvency" has the meaning assigned to it by the Act of 1995;]

F2["the Minister" means the Minister for Transport, Energy and Communications;]

F5["organiser" has the meaning assigned to it by the Act of 1995;]

F2["overseas travel contract" means a contract for the carriage of a party to the contract (with or without any other person) by air, sea or land transport commencing in the State to a place outside the State or Northern Ireland, whether the provision of the carriage is the sole subject matter of the contract or is associated with the provision thereunder of any accommodation, facility or service;]

F5["package" has the meaning assigned to it by the Act of 1995;]

F6[…]

F4["package travel contract" has the meaning assigned to it by the Act of 1995;

"repatriation" has the meaning assigned to it by the Act of 1995;]

F5["retailer" has the meaning assigned to it by the Act of 1995;]

F7["sufficient evidence of security", in relation to a package, means sufficient evidence of security for the refund of money paid over and for the repatriation of a consumer in the event of insolvency of the retailer or organiser of the package in compliance with the requirements of—

(a) section 22 of the Package Holidays and Travel Trade Act 1995, or

(b) if the retailer or organiser is established in another Member State, measures giving effect to Article 7 of Council Directive No. 90/314/EEC of 13 June 1990¹in the other Member State;]

F2["tour operator" means a person other than a carrier who arranges for the purpose of selling or offering for sale to any person accommodation for travel by air, sea or land transport commencing in the State to destinations outside the State or Northern Ireland or who holds himself out by advertising or otherwise as one who may make available such accommodation, either solely or in association with other accommodation, facilities or other services;]

F1["trader facilitating linked travel arrangements" shall be construed in accordance with section 22A of the Act of 1995;]

F2["travel agent" means a person other than a carrier who as agent sells or offers to sell to, or purchases or offers to purchase on behalf of, any person, accommodation on air, sea or land transport commencing in the State to destinations outside the State or Northern Ireland or who holds himself out by advertising or otherwise as one who may make available such accommodation, either solely or in association with other accommodation, facilities or services;]

F4["traveller" has the meaning assigned to it by the Directive;]

(2) For the purpose of this Act, a person shall be deemed to be a customer of a tour operator or travel agent if he has made any payment, either directly or indirectly, to the tour operator or travel agent, under or with the intention of entering into an overseas travel contract.

(3) For the purposes of this Act, a loss or liability incurred by a customer of a tour operator or travel agent is a loss or liability incurred in connection with an overseas travel contract if it results from the inability or failure of the tour operator or travel agent to meet his financial or contractual obligations in relation to the overseas travel contract.

(4) For the purposes of this Act “ the inability or failure of a tour operator or travel agent to meet his financial or contractual obligations ” means that, in relation to that tour operator or travel agent, one or more of the following events has occurred—

(a) a petition is granted by a court for the compulsory winding up of the business of the tour operator or travel agent,

(b) the tour operator or travel agent by reason of being unable to fulfil his financial obligations seeks a voluntary winding up of his business or has convened a meeting of his creditors for the purpose of considering a settlement of his liabilities to such creditors,

(c) a receiver is appointed over the assets of the tour operator or travel agent,

(d) the tour operator or travel agent has failed to discharge his debts or is unable to discharge his debts or has ceased to carry on business by reason of his inability to discharge his debts,

(e) the tour operator or travel agent has committed an act of bankruptcy,

(f) the Minister has reasonable grounds for believing that, having regard to all the circumstances, the tour operator or travel agent is unable to, or has failed to, carry out his obligations to his customers in relation to an overseas travel contract.