Transport (Tour Operators and Travel Agents) Act , 1982

PART I Preliminary and General

1. Short title and commencement.

(2)This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or by reference to a particular purpose or provision or mode of transport and different days may be so fixed for different purposes and different provisions of this Act.

2. Interpretation.

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 personF3[(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 arrangements^1;]

“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 1990^1in 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.

3. Expenses.

PART II Licences

4. F8[Restriction on carrying on business as tour operator.

(a) is the holder of a licence granted under section 6 to carry on such business, or

F9[(b) is an organiser or a trader facilitating linked travel arrangements and has provided security in accordance with section 22 or 22A of the 1995 Act.]]

5. F10[Restriction on carrying on business as travel agent.

(a) is the holder of a licence granted undersection 6to carry on such business, or

F11[(b) is an organiser or a trader facilitating linked travel arrangements and has provided security in accordance with section 22 or 22A of the 1995 Act.]]

F13[5A.—(1) A tour operator or travel agent, whose place of establishment is in another Member State, other than an organiser of packages or a trader facilitating linked travel arrangements, may carry on business in the State, including on a temporary basis, either physically or at a distance.

(2) In this section, "carry on business in the State" means the sale of travel services in the State for travel which commences within the State to destinations outside the State.]]

6. Licences.

(2)The Minister shall refuse a licence to carry on business as a tour operator or as a travel agent if he is not satisfied that such person complies with the requirements of this Act.

(3)Without prejudice to the generality of subsection (2) of this section, the Minister shall refuse a licence under this Act to a person if he is not satisfied that—

(a)the financial, business and organisational resources of such person and any financial arrangements made or to be made by him are adequate for discharging his actual and potential obligations in respect of the activities (if any) in which he is engaged or in which he proposes to engage if the licence is granted, or

(b)having regard to the past activities of such person or of any person employed by him or, if such person is a body corporate, having regard to the past activities of any director, secretary, shareholder, officer or servant of the body corporate, such person is a fit and proper person to carry on business as a tour operator or travel agent, as the case may be.

(4)A licence granted under this Act may contain such terms and conditions as the Minister may think appropriate and specifies in the licence.

F14[(5)A licence granted under this Act shall, unless earlier surrendered or revoked, remain in force for such period as the Minister thinks fit and specifies in the licence.]

7. Power to make regulations in relation to licences.

(a)the conditions that shall be complied with before a licence is granted under this Act,

(b)the manner in which applications for the grant of a licence under this Act shall be made,

(c)the nature and extent of the information required to be furnished by an applicant for the grant of a licence under this Act,

(d)the form in which an application for a licence under this Act shall be made,

(e)the form of licence to be granted under this Act,

(f)the manner in which members of the public shall be made aware that a tour operator or travel agent is the holder of a licence granted under this Act,

(g)the books, accounts and other records required to be maintained by the holder of a licence granted under this Act,

(h)the place where any books, accounts or other records required to be maintained pursuant to this Act shall be kept.

8. Revocation and varying of terms and conditions of licences.

(a)revoke the licence, or

(b)vary any term or condition of the licence.

F15[(2)The Minister may also revoke, or vary the terms and conditions of, a licence granted under this Act if he is no longer satisfied that—

(a)the financial, business and organisational resources of the holder of the licence or any financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business for which he has been granted a licence, or

(b)having regard to—

(i) the past activities of the holder of the licence or of any person employed by him or, if such licence holder is a body corporate, having regard to the past activities of any director, secretary, shareholder, officer or servant of the body corporate, or

(ii) the manner in which the holder of the licence is carrying on his business,

he is a fit and proper person to carry on business as a tour operator or travel agent, as the case may be.]

9. Appeals.

(2)Whenever the Minister refuses to grant a licence or decides, having considered any representations that may have been made by the holder of a licence, to revoke the licence or to vary any term or condition of the licence, he shall notify the applicant for, or as the case may be, the holder of, the licence of the refusal or decision and such applicant or such holder may within seven days appeal to the High Court against such refusal or such decision.

(3)On the hearing of an appeal under this section in relation to a refusal to grant a licence under this Act or in relation to a decision of the Minister to revoke, or vary the terms and conditions of, a licence granted under this Act, the High Court may either confirm the refusal or decision or may allow the appeal and, where an appeal is allowed, the Minister shall grant the licence or shall not revoke, or vary the terms and conditions of the licence as the case may be.

(4)A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal from the decision shall lie to the Supreme Court on a specified question of law.

(5)An appeal shall not lie in any case where the Minister refuses to grant a licence to an applicant who does not comply with the provisions of section 13 of this Act or in any case where the Minister revokes a licence pursuant to section 10 of this Act.

(6)Where, after the commencement of Part III of this Act, a person appeals against a decision of the Minister to revoke or vary any term or condition of a licence or appeals against a refusal of the Minister to grant a licence, such person shall not, pending the determination of the appeal, carry on business as a tour operator or travel agent unless he complies with the provisions of section 13 of this Act.

10. Revocation of licence in certain circumstances.

11. Power of entry and inspection.

12. Fees.

(2)The Minister may make such charges as he considers appropriate in relation to any matter connected with a licence under this Act and the amount of any such charge shall be determined by the Minister, after consultation with the Minister for Finance, and shall be specified in regulations made under subsection (1) of this section.

(3)All fees and charges payable under this Act shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.

(4)The Public Offices Fees Act, 1879, shall not apply in respect of fees payable pursuant to this Act.

PART III The Bond

13. The Bond.

(2)The arrangement referred to in subsection (1) of this section is in this Act referred to as “ the Bond ”.

(3)The Bond shall provide that, in the event of the inability or failure of the tour operator or travel agent concerned to meet his financial or contractual obligations in relation to overseas travel contracts, a sum of money will become available to the Minister, or to any person nominated or approved of by the Minister, as trustee, to be applied for the benefit of any customer of the tour operator or travel agent concerned who has incurred loss or liability because of such inability or failure to meet financial or contractual obligations.

(4)The sum of money referred to in subsection (3) of this section may be applied for all or any of the following purposes—

(a)to provide travel facilities for any customer of the tour operator or travel agent concerned who is outside Ireland and who is unable to make the return journey provided for in the overseas travel contract by reason of the inability or failure of the tour operator or travel agent concerned to fulfil his financial or contractual obligations in relation to such overseas travel contract;

(b)to reimburse a customer of a tour operator or travel agent for any reasonable expenses necessarily incurred by such customer by reason of the inability or failure of the tour operator or travel agent to meet his financial or contractual obligations in relation to an overseas travel contract;

(c)to refund, as far as possible, to a customer of a tour operator or travel agent any payments made by him to the tour operator or travel agent in respect of an overseas travel contract which could not be completed by reason of the inability or failure of the tour operator or travel agent to meet his financial or contractual obligations in relation to such overseas travel contract;

F16[(d)to defray any reasonable expenses incurred by the Minister or, as the case may be, the person nominated or approved of by the Minister as trustee, or provide for any payments to the Minister or trustee on behalf of a customer of a tour operator or travel agent in respect of an overseas travel contract which could not be completed by reason of the inability or failure of the tour operator or travel agent to meet his financial or contractual obligations in relation to such overseas travel contract.]