F23[15.— (1) The organiser shall ensure that a package travel contract is in plain and intelligible language, and where the contract is in writing, it shall be legible.

(2) The organiser, and, where a package is sold through a retailer, the retailer, shall—

(a) at the conclusion of the package travel contract or without undue delay after the conclusion of the contract, provide the traveller with a copy or confirmation of the contract on a durable medium,

(b) at the traveller’s request, provide a paper copy of the package travel contract to the traveller where the contract has been concluded in the simultaneous physical presence of the parties, and

(c) where a package travel contract is an off-premises contract as defined in Regulation 2(1) of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), provide a copy or confirmation of the package travel contract to the traveller on paper or, with the agreement of the traveller, on another durable medium.

(3) (a) An organiser who contravenes subsection (1) or (2) shall be guilty of an offence.

(b) In proceedings for an offence under subsection (2) it shall be a defence for an organiser if he or she can show that the failure to comply with that subsection is due to the act or omission of the retailer in failing to provide the traveller with a copy or confirmation of the contract required under subsection (2).

(4) (a) A retailer who contravenes subsection (2) shall be guilty of an offence.

(b) In proceedings for an offence under subsection (2) it shall be a defence for a retailer if he or she can show that the failure to comply with that subsection is due to the act or omission of the organiser in failing to provide the retailer with a copy or confirmation of the contract required under subsection (2) and the retailer took all reasonable steps to obtain a copy or confirmation, as the case may be, from the organiser with which to provide the traveller.]