Package Holidays and Travel Trade Act 1995

Contract price revision.

17

F25[17. (1) After the conclusion of the package travel contract, prices may only be increased if there is a term in the contract

(a) expressly stating that the price may be increased, and

(b) that the traveller is entitled to a price reduction in the circumstances specified in subsection (6).

(2) Where subsection (1) applies, the package travel contract shall state how price revisions will be calculated.

(3) The price of the package travel contract may only be increased as a direct consequence of changes in

(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources,

(b) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or

(c) the exchange rates relevant to the package.

(4) If the price increase referred to in subsection (1) exceeds 8 per cent of the total price of the package, subsections (2) to (7) of section 18 shall apply.

(5) Irrespective of the extent of a price increase in respect of a package travel contract, an organiser may only increase the price of a package if the organiser notifies the traveller clearly and in comprehensible language of the price increase, with a statement justifying, and the basis for the calculation of, the increase, on a durable medium not later than 20 days before the start of the package.

(6) If the package travel contract contains a term expressly stating that the price may be increased as referred to in subsection (1), the traveller shall be entitled to a price reduction corresponding to any decrease in the costs referred to in paragraph (a), (b) or (c) of subsection (3) that occur after the conclusion of the contract but before the start of the package.

(7) Where there is a price decrease in the circumstances referred to in subsection (6), the organiser may deduct actual administrative expenses from the refund of monies owed to the traveller and shall, at the request of the traveller, provide a statement justifying, and the basis for the calculation of, those administrative expenses.]

Annotations:

Amendments:

F25

Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 11.