Package Holidays and Travel Trade Act 1995
Number 17 of 1995
PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995
REVISED
Updated to 29 November 2022
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 Consumer Rights Act 2022 (37/2022), enacted 7 November 2022, and all statutory instruments up to and including the Consumer Rights Act 2022 (Commencement) Order 2022 (S.I. No. 596 of 2022), made 28 November 2022, 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 29 November 2022
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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
• Consumer Rights Act 2022 (37/2022)
• State Airports (Shannon Group) Act 2014 (27/2014)
• Fines Act 2010 (8/2010)
• 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 Consumer Rights Act 2022 (37/2022), enacted 7 November 2022, 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 Consumer Rights Act 2022 (Commencement) Order 2022 (S.I. No. 596 of 2022), made 28 November 2022, were considered in the preparation of this revision.
Number 17 of 1995
PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995
REVISED
Updated to 29 November 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
|
Section |
|
|
Organiser. (Repealed) |
|
|
Fees. (Repealed) |
|
Regulation of Travel Contract
Security
Amendment of Transport (Tour Operators and Travel Agents) Act, 1982
|
Amendment of section 20 of the Act of 1982. (Repealed) |
|
Standard information form for package travel contracts where the use of hyperlinks is possible
Standard information form for package travel contracts in situations other than those covered by Part A
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)
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
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
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
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
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
Package Holidays and Travel Trade Act 1995 (“The Act”)
Terms of Security to be Secured by an Organiser or Trader with an Insurance Undertaking
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
Number 17 of 1995
PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995
REVISED
Updated to 29 November 2022
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. [17th 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 |
|
|
... |
... |
...
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).