Package Holidays and Travel Trade Act 1995


Number 17 of 1995


PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995

REVISED

Updated to 26 May 2021


This Revised Act is an administrative consolidation of the Package Holidays and Travel Trade Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Personal Insolvency (Amendment) Act 2021 (10/2021), enacted 26 May 2021, and all statutory instruments up to and including the Stamp Duty (Designation of Exchanges and Markets) (No. 2) Regulations 2021 (S.I. No. 270 of 2021), made 26 May 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 17 of 1995


PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995

REVISED

Updated to 26 May 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Transport (Trade Travel) Acts 1982 and 1995 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Package Holidays and Travel Trade Act 1995 (17/1995), s. 1(2)). The Acts in the group are:

Transport (Tour Operators and Travel Agents) Act 1982 (3/1982)

Package Holidays and Travel Trade Act 1995 (17/1995)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

State Airports (Shannon Group) Act 2014 (27/2014)

Consumer Protection Act 2007 (19/2007)

Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005)

Aviation Regulation Act 2001 (1/2001)

All Acts up to and including Personal Insolvency (Amendment) Act 2021 (10/2021), enacted 26 May 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Package Travel And Linked Travel Arrangements) (No. 2) Regulations 2019 (S.I. No. 105 of 2019)

European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 217 of 2011)

European Communities (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 (S.I. No. 290 of 2006)

Package Holidays and Travel Trade Act, 1995 (Occasional Organisers) Regulations 1995 (S.I. No. 271 of 1995)

Package Holidays and Travel Trade Act, 1995 (Bonds) Regulations 1995 (S.I. No. 270 of 1995)

Approved Bodies (Fees) Regulations 1995 (S.I. No. 236 of 1995)

Package Holidays and Travel Trade Act, 1995 (Commencement) Order 1995 (S.I. No. 235 of 1995)

All statutory instruments up to and including Stamp Duty (Designation of Exchanges and Markets) (No. 2) Regulations 2021 (S.I. No. 270 of 2021), made 26 May 2021, were considered in the preparation of this revision.


Number 17 of 1995


PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995

REVISED

Updated to 26 May 2021


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation and commencement.

2.

Interpretation.

3.

Organiser. (Repealed)

4.

Expenses.

5.

Fees. (Repealed)

6.

Offences.

7.

Proceedings.

8.

Particular functions of Director.

9.

Laying of regulations before Houses of Oireachtas.

PART II

Regulation of Travel Contract

10.

Brochure content.

10A.

Binding character of pre-contractual information and conclusion of the package travel contract.

11.

Liability for misleading brochures. (Repealed)

12.

Information to be provided before conclusion of contract. (Repealed)

13.

Information to be provided before start of package.

14.

Essential terms of contract. (Repealed)

15.

Form of contract.

16.

Transfer of booking.

17.

Contract price revision.

18.

Alteration or cancellation by organiser.

18A.

Termination of the package travel contract and the right of withdrawal before the start of the package.

19.

Significant failure of performance after start of the package.

20.

Extent and financial limits of liability.

20A.

Possibility to contact the organiser via the retailer.

20B.

Obligation to provide assistance.

21.

Authorised officers.

21A.

Search warrant.

PART III

Security

22.

Security requirements in the event of insolvency.

22A.

Insolvency protection and information requirements for linked travel arrangements.

23.

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

24.

Bonding where an approved body does not have a reserve fund or insurance.

25.

Insurance.

25A.

Administrative cooperation.

25B.

Administrative cooperation, certain obligations of retailers and traders, third party liability, non-waiver of rights or obligations and consumer information.

25C.

Application of consumer regulations.

PART IV

Amendment of Transport (Tour Operators and Travel Agents) Act, 1982

26.

Functions of authorised persons.

27.

Amendment of section 2 of the Act of 1982.

28.

Amendment of section 6 of the Act of 1982.

29.

Amendment of section 8 of the Act of 1982.

30.

Amendment of section 13 (4) ( d) of the Act of 1982.

31.

Amendment of section 18 of the Act of 1982.

32.

Amendment of section 20 of the Act of 1982. (Repealed)

33.

Amendment of section 22 (2) of the Act of 1982.

34.

Powers of Court under the Act of 1982.

SCHEDULE 1

PART A

Standard information form for package travel contracts where the use of hyperlinks is possible

PART B

Standard information form for package travel contracts in situations other than those covered by Part A

PART C

Standard information form where the organiser transmits data to another trader in accordance with paragraph (b)(v) of the definition of package in section 2(1)

SCHEDULE 2

PART A

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (a) of the definition of linked travel arrangement in section 2(1) is a carrier selling a return ticket

PART B

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (a) of the definition of linked travel arrangement in section 2(1) is a trader other than a carrier selling a return ticket

PART C

Standard information form in the case of linked travel arrangements within the meaning of paragraph (a) of the definition of linked travel arrangement in section 2(1) where the contracts are concluded in the simultaneous physical presence of the trader (other than a carrier selling a return ticket) and the traveller

PART D

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (b) of the definition of linked travel arrangement in section 2(1) is a carrier selling a return ticket

PART E

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (b) of the definition of linked travel arrangement in section 2(1) is a trader other than a carrier selling a return ticket

SCHEDULE 3

Package Holidays and Travel Trade Act 1995 (“The Act”)

Terms of Security to be Secured by an Organiser or Trader with an Insurance Undertaking

SCHEDULE 4/

Package Holidays and Travel Trade Act 1995 (“The Act”)

Terms of Security to be Provided by an Organiser or Trader and Guaranteed by a Bank

PART I

PART II


Number 17 of 1995


PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995

REVISED

Updated to 26 May 2021


AN ACT TO ENABLE EFFECT TO BE GIVEN TO COUNCIL DIRECTIVE NO. 90/314/EEC OF 13 JUNE 1990 OF THE EUROPEAN COMMUNITIES ON PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS, TO AMEND THE TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982, AND TO PROVIDE FOR CONNECTED MATTERS. [17 th July, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to "Director" construed (1.05.2007, establishment day) by Consumer Protection Act 2007 (19/2007), s. 37(1)-(3) and sch. 1 part 1, subject to transitional provisions in subss. (4), (5), S.I. No. 179 of 2007.

37.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred to the Agency on the establishment day.

(2) The functions vested in the Director by or under the existing enactments are transferred to the Agency on the establishment day.

(3) References to the Director and the office of the Director contained in any Act (within the meaning of the Interpretation Act 2005 ) or instrument (including a licence or certificate granted, nomination made or consent or authorisation given thereunder) relating to any functions transferred by subsection (2) shall, on and after the establishment day, be read as references to the Agency.

...

SCHEDULE 1

Existing Enactments

Section 2 .

PART 1

Enactments — Acts of the Oireachtas

Number and Year

(1)

Short Title

(2)

...

...

No. 17 of 1995

Package Holidays and Travel Trade Act 1995

...

...

...

C2

Functions transferred and references to "Minister" construed (27.02.2001, establishment day) by Aviation Regulation Act 2001 (1/2001), s. 9(1), (2) and (3), subject to transitional provisions in subss. (4)-(7), S.I. No. 47 of 2001.

9.—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are hereby transferred, on the establishment day, to the Commission.

(2) There are hereby transferred, on the establishment day, to the Commission the functions vested in the Minister by or under each of the following— ...

( b) the Package Holidays and Travel Trade Act, 1995,

...

(3) References to the Minister contained in any Act or instrument relating to any functions transferred by subsection (2) shall, on the establishment day, be construed as references to the Commission.

...

Editorial Notes:

E1

Enforcement of Act provided for (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 73(8) and sch. 4 (written undertaking to comply or to refrain from act or practice, compensate, reimburse or return item, or publish advertisement containing a corrective statement) and s. 75(2) and sch. 5 (service of compliance notice by authorised officer), S.I. No. 178 of 2007. Note that the Consumer Protection Act 2007, s. 86 (publication of traders’ names, consumer protection list) also applies to these forms of enforcement, and s. 94 gives the Central Bank and Financial Services Authority functions in respect of, among other provisions, ss. 73, 75 and 86 of the 2007 Act.

E2

Previous affecting provision: competent authority designated for purpose of Act (30.05.2006) by European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 (S.I. No. 290 of 2006), reg. 4(1) and sch. ref. no. 5; revoked (17.01.2020) by European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 14 of 2020), reg. 11(a), in effect as per reg. 1(2).