PACKAGE HOLIDAYS AND TRAVEL TRADE ACT, 1995

Type Act

Publication 1995-07-17

Last updated 2022-11-29

State Partially repealed

Text Latest available text

Source Irish Statute Book

articles 43

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

12 amending acts · 2022-11-29, revised-IE-1995-act-17@2022-11-29

Reform history JSON API

(8) A trader facilitating linked travel arrangements established in another Member State who sells or offers for sale linked travel arrangements in the State, and who provides security in accordance with the law of that Member State giving effect to Article 19 of the Directive in that Member State shall be considered to have complied with the requirement to provide security in accordance with subsection (1).

(9) Before a traveller shall be bound by an offer of, or by a contract leading to the creation of, a linked travel arrangement, a trader facilitating the linked travel arrangement (including where the trader is not established in the State or in another Member State) or who, by any means, directs the sale or offer for sale of such linked travel arrangement to a person in the State, shall state in a clear, comprehensible and prominent manner in accordance with subsection (12) that—

(a) the traveller will be entitled to benefit from the security against insolvency required to be provided by the trader in accordance with subsection (1),

(b) the traveller will not be entitled to benefit from the rights which apply exclusively to packages under this Act, and

(c) each service provider will be solely responsible for the proper contractual performance of the service provided by that service provider.

(10) The information required to be provided under subsection (9) to a traveller by a trader facilitating a linked travel arrangement shall be provided in the manner set out in the relevant form specified in Schedule 2 or, where the particular type of linked travel arrangement is not provided for in any of the forms set out in that Schedule, the required information shall be provided in a form to the like effect which contains that information.

(11) Where a trader facilitating linked travel arrangements has not complied with the requirements of subsections (1) to (10) insofar as they apply to the trader, the rights conferred on travellers and the obligations imposed on organisers and retailers under sections 16, 18A, 19, 20, 20A and 20B shall apply to the travel services included in the linked travel arrangements and those sections shall apply to the trader as they apply to an organiser or retailer, as the case may be, with any necessary modifications.

(12) Where a linked travel arrangement is the result of the conclusion of a contract between a traveller and a trader who does not facilitate the linked travel arrangement, that trader shall inform the trader facilitating the linked travel arrangement of the conclusion of the relevant contract.

(13) Section 25A shall apply to traders facilitating linked travel arrangements as it applies to organisers selling or offering for sale packages, with any necessary modifications.

(14) A trader facilitating linked travel arrangements shall inform the Commission for Aviation Regulation of the nature and amount of the security it has arranged in order to comply with subsection (1).

(15) A trader facilitating linked travel arrangements who fails to provide security in accordance with subsection (1) or (7) shall be guilty of an offence.

(16) In this section “trader facilitating linked travel arrangements” means, other than in subsection (7), (8) or (14), a trader facilitating linked travel arrangements who is established in the State.]

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

F37[23.— An organiser and a trader facilitating linked travel arrangements shall provide security under sections 22 and 22A to refund travellers in the circumstances referred to in those sections and, where applicable, to provide for the costs of repatriation and, if necessary, the financing of accommodation prior to repatriation, in one or more than one of the following ways:

(a) by depositing a sum of money, the amount of which shall be determined in the manner specified in section 24, in a bank or financial institution in the State, in the sole name of the Commission for Aviation Regulation, which shall, in the event of the insolvency of the organiser or the trader, be fully and exclusively available to the Commission, without restriction or condition;

(b) by entering into a contract of guarantee secured with an insurance undertaking or the holder of a licence or authorisation referred to in section 24(5)(a) who is authorised to provide that guarantee in the State, and which shall, in the event of the insolvency of the organiser or the trader, be fully and exclusively available to the Commission for Aviation Regulation, without restriction or condition;

(c) by entering into a contract for an insurance policy of the type set out in section 25 with an insurance undertaking referred to in paragraph (a)(i) or (ii) of section 24(5) who is authorised to provide that policy of insurance in the State, the proceeds of which shall, in the event of the insolvency of the organiser or the trader, be fully and exclusively available, without restriction or condition.]

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

F38[24.— (1) A security provided under section 23(a) or (b) shall be—

(a) valid for not more than one year from the date of its commencement,

(b) available to the Commission for Aviation Regulation for the refund of travellers in the circumstances referred to in section 22 or 22A for a period of not more than six months following its expiry where it is not replaced by a new security,

(c) available to the Commission for Aviation Regulation in respect of a package or a linked travel arrangement, regardless of when the package travel contract or linked travel arrangement, was made with the traveller,

(d) an amount that is 4 per cent of the turnover of an organiser or a trader facilitating linked travel arrangements for the latest financial year for which the organiser or trader, as the case may be, has prepared accounts and financial statements or such other amount as shall satisfy the Commission is sufficient to comply with the requirement to provide security in accordance with section 22 or 22A, and is not less than 4 per cent and not more than 10 per cent of the projected turnover of the organiser or trader, for the year for which the security is being arranged, having regard to the factors specified in subsection (6) and the information provided under subsection (7), and

(e) provided to the Commission for Aviation Regulation—

(i) where the security is a guarantee secured with an insurance undertaking, in the form specified in Schedule 3, or

(ii) where the security is a guarantee secured with a person referred to in subsection (5)(a)(iii), in the form specified in Schedule 4.

(2) A security provided under section 23(a) or (b) shall be available to defray any reasonable expenses incurred by the Commission for Aviation Regulation, or provide for any payments made by the Commission, in the refund of travellers affected by the insolvency of an organiser or a trader facilitating linked travel arrangements, as the case may be, in accordance with section 22 or 22A.

(3) Where a security provided under section 23(a) is made available to the Commission for Aviation Regulation in the event of the insolvency of an organiser or a trader facilitating linked travel arrangements, and the Commission is satisfied that all payments have been refunded to travellers in accordance with section 22 or 22A, and any expenses of the Commission have been defrayed in accordance with subsection (2), any residual amount of the security shall be returned to the provider of the security.

(4) The Commission for Aviation Regulation may release an organiser or a trader or a provider of the security from any liability under the security where it is satisfied that the organiser or trader facilitating linked travel arrangements, has discharged all of the obligations the organiser or trader has to refund all payments to travellers in accordance with section 22 or 22A, in respect of package travel contracts or linked travel arrangements or that no such obligations will arise.

(5)
(a) A security of the type set out at section 23(b) shall be secured only with—

(i) an insurance undertaking authorised to carry out non-life insurance business (Class 15, suretyship) under the European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994) (continued in force by section 16 of the Finance (Miscellaneous Provisions) Act 2015),

(ii) an insurance undertaking authorised to carry out non-life insurance business (Class 15, suretyship) under the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), or

(iii) a person who is the holder of a licence or authorisation to carry on banking business under the Central Bank Act 1971.

(b) A security of the type set out at section 23(c) shall be secured only with an insurance undertaking referred to in paragraph (a)(i) or (ii).

(6) For the purposes of carrying out its functions under this section, the Commission for Aviation Regulation shall, as it considers appropriate, have regard to the following:

(a) the financial, business and organisational resources of the organiser or trader facilitating linked travel arrangements concerned;

(b) the arrangements made by the organiser or trader facilitating linked travel arrangements concerned, to ensure adequate finances are available to discharge the organiser’s or trader’s actual and potential obligations in respect of the package travel contracts or linked travel arrangements sold or offered for sale, or intended to be sold or offered for sale during the period of the security;

(c) factors determining the value of the packages or linked travel arrangements being sold including the destination, time of travel or mode of transport;

(d) the past activities of the organiser or trader facilitating linked travel arrangements concerned, and the membership or management of that organiser or trader, or the past activities of any person employed by that organiser or trader, or, if that organiser or trader is a body corporate, the past activities of any director, shadow director, de facto director, secretary, shareholder, officer or servant of the body corporate including whether such a person is or was a restricted person, or is an undischarged bankrupt;

(e) the manner in which the organiser or trader facilitating linked travel arrangements concerned is carrying on the business of the sale or offering for sale of package travel contracts or linked travel arrangements, as the case may be.

(7) An organiser or a trader facilitating linked travel arrangements, established in the State, shall maintain the following books, accounts, financial statements and records at its principal place of business or, where the organiser or trader is a corporate body, at its registered office, in the State—

(a) annual accounts duly audited and certified, annual returns and financial statements,

(b) a record, which may be in ledger, computer or other form, of all daily transactions including receipts and expenditures, duly analysed by the different methods of receipt and payment (cash, cheque, debit card, credit card, electronic funds transfer, voucher or any other type of payment), including all monies paid on deposit,

(c) a full record of all bank lodgements and other transactions including cash and credit transactions from which regular financial information can be derived to ascertain the financial position of the business of the organiser or trader facilitating linked travel arrangements from time to time, and a regular and proper bank reconciliation, and

(d) copies of all package travel contracts entered into by the organiser or contracts concluded giving rise to linked travel arrangements facilitated by the trader, as the case may be, relevant to the business of the organiser or trader as appropriate, during the period of the security,

and shall furnish copies or extracts thereof on request by an authorised officer within the period specified by that person which shall not be less than 14 days from the date of the request.

(8) In this section—

"Act of 2014" means the Companies Act 2014;

"de facto director" shall be construed in accordance with section 222 of the Act of 2014;

"financial statements" means a summary (as at a particular date) of the assets, liabilities and financial position of the organiser or trader facilitating linked travel arrangements, as the case may be, together with the profit or loss, since the date of the previous financial statements and shall comprise—

(a) a balance sheet as at the end of the financial year,

(b) a profit and loss account for the financial year, and

and such statements shall give a true and fair view of the assets, liabilities and financial position as at the end of the financial year, and the profit or loss for the financial year, of the organiser or trader;

"financial year" shall be construed in accordance with section 288 of the Act of 2014;

"projected turnover" means the total of receipts estimated by an organiser or a trader facilitating linked travel arrangements in respect of package travel contracts or linked travel arrangements, as appropriate, to be sold or offered for sale during the period of the security of the type referred to in section 24 being arranged by such organiser or trader, as the case may be;

"restricted person" has the same meaning as it has in section 818(1) of the Act of 2014;

"shadow director" shall be construed in accordance with section 221(1) of the Act of 2014;

"undischarged bankrupt" has the same meaning as it has in section 2(1) of the Act of 2014.]

25. Insurance.

25. — F39[(1) An organiser or a trader facilitating linked travel arrangements who is arranging security in the manner provided for by this section, shall have insurance under one or more than one appropriate policy with an insurance undertaking referred to in paragraph (a)(i) or (ii) of section 24(5) authorised to provide that policy of insurance in the State, under which the insurance undertaking agrees to indemnify travellers (who shall be insured persons under the policy) and refund them in the circumstances referred to in section 22 or 22A.

(2) An organiser or a trader facilitating linked travel arrangements, shall, if arranging security in the manner provided for by this section, ensure that it is a term of every contract with a traveller that the traveller acquires the benefit of a policy of a kind referred to in subsection (1) in the event of the insolvency of the organiser.]

(3) In this section “appropriate policy” means one which does not contain a condition which provides (in whatever terms) that no liability shall arise under the policy, or that any liability so arising shall cease—

(a) in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy,

(b) in the event of the failure of the policy holder to make payments to the insurer in connection with that policy or with other policies, or

F40[(4) No term or condition of a policy of insurance arranged under this section shall provide for or permit the deduction of expenses or administrative fees or charges (however called or described) from the amount a traveller is entitled to receive and which shall be paid to a traveller under subsection (1).]

25A. F41[Administrative cooperation

25A.— (1) (a) The Commission for Aviation Regulation is designated as the central contact point for the purposes of Article 18 of the Directive and this Act.

(b) The performance of a function as central contact point pursuant to the designation under paragraph (a) shall be a function of the Commission for Aviation Regulation under the Act of 2001.

(2) The central contact point referred to in subsection (2) shall:

(a) make available to central contact points in other Member States all necessary information on the requirements in relation to insolvency protection applicable in the State;

(b) make available to central contact points in other Member States the identity of the body or bodies providing insolvency protection for the purposes of this Act to organisers and traders facilitating linked travel arrangements established in the State;

(c) publish (including online) an inventory listing organisers who comply with the insolvency protection requirements in section 22,

(d) where it has a concern about the compliance with the requirements for insolvency protection of an organiser established in another Member State, seek clarification from the Member State in which that organiser is established, and

(e) respond to requests from central contact points in other Member States for information about the compliance with the requirements for insolvency protection of an organiser established in the State as soon as possible, taking into account the urgency and complexity of the matter, and in any event provide an initial response not later than 15 working days from receiving the request.]

25B. F42[Administrative cooperation, certain obligations of retailers and traders, third party liability, non-waiver of rights or obligations and consumer information.

25B.— (1) Where the organiser is established outside the European Economic Area, the retailer shall be subject to the obligations imposed on organisers under sections 19, 20, 20A, 20B and 22, unless the retailer can satisfy the Commission for Aviation Regulation that the organiser complies with those sections.

(2) A trader shall be liable for any errors due to technical defects in the booking system which are attributable to the trader and, where the trader has agreed to arrange the booking of a package or of travel services which are part of linked travel arrangements, for the errors made during the booking process, other than where the booking errors are attributable to the traveller or caused by unavoidable and extraordinary circumstances.

(3) Where an organiser or, pursuant to subsection (1), a retailer, pays compensation, grants a price reduction or otherwise complies with the obligations imposed on the organiser or retailer, as the case may be, under this Act, nothing in this Act shall be construed as preventing the organiser or retailer seeking redress from any third parties whose acts or omissions contributed to the event which gave rise to the requirement to pay compensation, grant a price reduction or to meet those other obligations.

(4) The obligations imposed on an organiser or trader facilitating linked travel arrangements under this Act shall apply and have effect notwithstanding any declaration or purported declaration by such organiser or trader to the effect that he or she is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package or a linked travel arrangement does not constitute a package or a linked travel arrangement.

(5) Travellers may not waive the rights conferred on them by this Act and any contractual arrangement or any statement by the traveller which directly or indirectly waives or limits, or purports to waive or limit, the rights conferred on travellers pursuant to this Act or which has, or intends to have, the aim or effect of avoiding the application of this Act shall not be binding on the traveller.]

25C. F43[Application of consumer regulations

25C.— F44[…]]

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

26. Functions of authorised persons.

26. — (1) The functions set out in subsections (4) and (5) of section 21, shall be exercisable, for the purposes of the Act of 1982, by a person authorised by the Minister under section 11 of that Act.

(2) A person who—

(a) obstructs or interferes with a person authorised by the Minister under the Act of 1982 in the exercise of functions under that Act shall be guilty of an offence under this Act,

(b) refuses to comply with any request or requirement of a person so authorised in the exercise of functions under that Act shall be guilty of an offence under this Act.

27. Amendment of section 2 of the Act of 1982.

27. — Section 2(1) of the Act of 1982 is hereby amended by—

(a) the substitution for the definitions of “ carrier ”, “ Minister ”, “ overseas travel contract ”, “ tour operator ” and “ travel agent ” of the following definitions:

" ‘carrier’ means a person (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;

‘the Minister’ means the Minister for Transport, Energy and Communications;

‘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;

‘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;

‘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;",

(b) the insertion of the following definitions:

“ ‘package’ and ‘package provider’ have the meanings assigned to them by the Package Holidays and Travel Trade Act, 1995;”.

28. Amendment of section 6 of the Act of 1982.

28. — Section 6 of the Act of 1982 is hereby amended by the substitution for subsection (5) of the following:

“(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.”.

29. Amendment of section 8 of the Act of 1982.

29. — Section 8 of the Act of 1982 is hereby amended by the substitution for subsection (2) of the following:

“(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.

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

30. — Section 13 (4) of the Act of 1982 is hereby amended by the substitution for paragraph (d) of the following paragraph:

“(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.”.

31. Amendment of section 18 of the Act of 1982.

31. — (1) Section 18 (1) of the Act of 1982 is hereby amended by the insertion of the following paragraph:

“(e) to defray any reasonable expenses related to the recovery of monies due under subsection (7) where the Minister is satisfied that in undertaking such expenses there would be a substantial interest in protecting the fund.”.

(2) Section 18 of the Act of 1982 is hereby amended by the insertion of the following subsection:

“(7) Where payments have been made from the fund under subsection (1), because the Bond is insufficient, the fund shall be an unsecured creditor of the tour operator or travel agent concerned, in respect of such payments.”.

32. Amendment of section 20 of the Act of 1982.

32. — F45[…]

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

33. — Section 22 of the Act of 1982 is hereby amended by the substitution for subsection (2) of the following:

“(2) The provisions of section 382 of the Companies Act, 1963 shall extend to every body corporate (whether or not a company within the meaning of the Act) charged on indictment with an offence under section 20 of this Act.”.

34. Powers of Court under the Act of 1982.

34. — The High Court may, on the application of the Minister, make orders requiring persons engaging or proposing to engage in any practices, business or activities as are, or are likely to be, contrary to the obligations imposed on them by any provision of the Act of 1982 to discontinue or refrain from such practices, business or activities.

F46[SCHEDULE 1

Part A

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

The combination of travel services offered to you is a package within the meaning of the Package Holidays and Travel Trade Act 1995 . Therefore, you will benefit from all EU rights applying to packages. XY will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, XY has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.

More information on key rights under the Package Holidays and Travel Trade Act 1995 shall be provided in the form of a hyperlink.

Following the hyperlink the traveller will receive the following information:

Key rights under the Package Holidays and Travel Trade Act 1995

— Travellers will receive all essential information about the package before concluding the package travel contract.

— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

— The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 per cent of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

— Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

— Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

— If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

— The organiser has to provide assistance if the traveller is in difficulty.

— If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.

The organiser or retailer must provide a hyperlink to the Package Holidays and Travel Trade Act 1995 .

Part B

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

Key rights under the Package Holidays and Travel Trade Act 1995

— Travellers will receive all essential information about the package before concluding the package travel contract.

— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

— The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 per cent of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

— The organiser has to provide assistance if the traveller is in difficulty.

(Website where the Package Holidays and Travel Trade Act 1995 can be found.)

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)

If you conclude a contract with AB not later than 24 hours after receiving the confirmation of the booking from XY the travel service provided by XY and AB will constitute a package within the meaning of the Package Holidays and Travel Trade Act 1995 . Therefore, you will benefit from all EU rights applying to packages. XY will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, XY has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

More information on key rights under the Package Holidays and Travel Trade Act 1995 shall be provided in the form of a hyperlink.

Following the hyperlink the traveller will receive the following information:

Key rights under the Package Holidays and Travel Trade Act 1995

— Travellers will receive all essential information about the travel services before concluding the package travel contract.

— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

— The organiser has to provide assistance if the traveller is in difficulty.

The organiser or retailer must provide a hyperlink to the Package Holidays and Travel Trade Act 1995.]

F47[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

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, you will NOT benefit from rights applying to packages under the Package Holidays and Travel Trade Act 1995 . Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider. However, if you book any additional travel services during the same visit to our company’s/XY’s booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Holidays and Travel Trade Act 1995 , protection in place to refund your payments to XY for services not performed because of XY’s insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection shall be provided in the form of a hyperlink.

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity, or where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency. Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

The organiser or trader must provide a hyperlink to the Package Holidays and Travel Trade Act 1995.

Part B

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, you will NOT benefit from rights applying to packages under the Package Holidays and Travel Trade Act 1995 . Therefore, our company/XY will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider. However, if you book any additional travel services during the same visit to our company’s/XY’s booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Holidays and Travel Trade Act 1995 , protection in place to refund your payments to XY for services not performed because of XY’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection shall be provided in the form of a hyperlink.

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency. Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

The organiser or trader must provide a hyperlink to the Package Holidays and Travel Trade Act 1995.

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

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, you will NOT benefit from rights applying to packages under the Package Holidays and Travel Trade Act 1995 . Therefore, our company/XY will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider. However, if you book any additional travel services during the same visit to or contact with our company/XY, the travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Holidays and Travel Trade Act 1995 , protection in place to refund your payments to XY for services not performed because of XY’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency. Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

(Website where the Package Holidays and Travel Trade Act 1995 can be found.)

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

If you book additional travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under the Package Holidays and Travel Trade Act 1995 . Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems, please contact the relevant service provider. However, if you book additional travel services via this link/these links not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Holidays and Travel Trade Act 1995 , protection in place to refund your payments to XY for services not performed because of XY’s insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection shall be provided in the form of a hyperlink.

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency. Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

The organiser or trader must provide a hyperlink to the Package Holidays and Travel Trade Act 1995.

Part E

If you book additional travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under the Package Holidays and Travel Trade Act 1995 . Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider. However, if you book additional travel services via this link/these links not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by the Package Holidays and Travel Trade Act 1995 , protection in place to refund your payments to XY for services not performed because of XY’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection shall be provided in the form of a hyperlink.

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency. Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY’s insolvency.

The organiser or trader must provide a hyperlink to the Package Holidays and Travel Trade Act 1995.]

F48[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

I/We (name of Insurance Undertaking)

hereafter referred to as the Surety, having our registered office at

at the behest of

(being an organiser, or a trader facilitating linked travel arrangements, under the Act) hereby undertake and acknowledge that I/we are bound to pay to the Commission for Aviation Regulation such sum as the Commission may demand, but not exceeding

€

(euro)

to be applied in accordance with section 22 or 22A of the Act, as appropriate, for the purposes set out in those sections.

This security shall come into effect on the _ day of ___, 20, and shall cease to have effect after the _ day of __, 20, and shall be available to the Commission for Aviation Regulation in respect of a package or a linked travel arrangement, as the case may be, regardless of when the package travel contract or linked travel arrangement, was made with the traveller, PROVIDED THAT the Commission shall make any demand under this security not later than 6 months following the expiry date of this security.

Notwithstanding the generality of the foregoing, where this security is replaced by a new security arranged by the organiser or trader facilitating linked travel arrangements, as the case may be, in accordance with section 22 or 22A of the Act, and which complies with section 24 of the Act, the liability of the Surety under this security shall cease on the commencement of such new security.

IT IS AGREED that this money shall become payable upon demand in writing from the Commission for Aviation Regulation in one or more of the following events —

(a) a petition is granted by a court for the compulsory winding up of the business of the organiser or trader;

(b) the organiser or trader by reason of being unable to fulfil its financial obligations, seeks a voluntary winding up of the business or has convened a meeting of the creditors of the organiser or trader, for the purpose of considering a settlement of the liabilities of the organiser or trader to its creditors;

(d) the organiser or trader has failed to discharge its debts or is unable to discharge those debts or has ceased to carry on business by reason of the inability to discharge those debts;

(e) the organiser or trader has committed an act of bankruptcy;

(f) the Commission for Aviation Regulation has reasonable grounds for believing that, having regard to all the circumstances, the organiser or trader is unable to, or has failed to, carry out the obligations under the Act owed by it to travellers in respect of package travel contracts or linked travel arrangements to which the Act applies.

IT IS FURTHER AGREED that, in circumstances outlined at paragraph (f), the Commission for Aviation Regulation will, before calling for payment under the security, notify the organiser or trader facilitating linked travel arrangements in writing by delivering the notice to the organiser or trader’s principal place of business or registered office in the State, of its proposal to call the security and the reasons for such proposal and shall afford the organiser or trader concerned all reasonable opportunity to make representations to the Commission.

IT IS A CONDITION of this security that the Commission for Aviation Regulation will repay to the Surety such part of the sum advanced as shall not be expended for the benefit of the travellers of the organiser or trader facilitating linked travel arrangements or to defray the reasonable expenses incurred by the Commission under section 24(2) of the Act.

Monies payable under this security shall be applied for all or any of the following purposes —

In respect of an organiser:

For the refund of travellers in the circumstances referred to in section 22 of the Act.

In respect of a trader facilitating a linked travel arrangement:

For the refund of travellers in the circumstances referred to in section 22A of the Act.

Without prejudice to any existing right of a traveller to recover compensation under the Act, nothing in this instrument shall be construed as enabling such traveller to recover any such compensation out of any sum of money made available under this security.

Signed FOR AND ON BEHALF OF

this ___ day of __ 20_.]

F49[SCHEDULE 4

PACKAGE HOLIDAY 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

(To be completed by the organiser or trader)

I/We ___________

of ___________

(being an organiser, or a trader facilitating linked travel arrangements, under the Act), hereby undertake and acknowledge that I/we are bound to pay to the Commission for Aviation Regulation such sum as the Commission may demand, but not exceeding

€ _____________

(euro)

to be applied in accordance with section 22 or 22A of the Act, as appropriate, for the purposes set out in those sections.

Notwithstanding the generality of the foregoing, where this security is replaced by a new security arranged by me/us in accordance with section 22 or 22A of the Act, as appropriate, and which complies with section 24 of the Act, my/our liability under this security shall cease on the commencement of such new security.

IT IS AGREED that this money shall become payable upon demand in writing from the Commission for Aviation Regulation in one or more of the following events —

(a) a petition is granted by a court for the compulsory winding up of the business of the organiser or trader;

(b) the organiser or trader by reason of being unable to fulfil its financial obligations, seeks a voluntary winding up of the business or has convened a meeting of the creditors of the organiser or trader, for the purpose of considering a settlement of the liabilities of the organiser or trader to its creditors;

(d) the organiser or trader has failed to discharge its debts or is unable to discharge those debts or has ceased to carry on business by reason of the inability to discharge those debts;

(e) the organiser or trader has committed an act of bankruptcy;

(f) the Commission for Aviation Regulation has reasonable grounds for believing that, having regard to all the circumstances, the organiser or trader is unable to, or has failed to, carry out the obligations under the Act owed by it to travellers in respect of package travel contracts or linked travel arrangements to which the Act applies.

Monies payable under this security shall be applied for all or any of the following purposes —

In respect of an organiser:

For the refund of travellers in the circumstances referred to in section 22 of the Act.

In respect of a trader facilitating a linked travel arrangement:

For the refund of travellers in the circumstances referred to in section 22A of the Act.

Signed FOR AND ON BEHALF OF

this ___ day of ___ 20____.

Part II

Guaranteed by Bank

(Holder of a licence or an authorisation to carry on banking business under the Central Bank Act 1971)

(name of Bank),

having our registered office at:

hereafter referred to as “the Guarantor”, hereby guarantee the due payment of the sum specified in Part I above i.e.

€

(euro)

upon demand in writing from the Commission for Aviation Regulation.

IT IS A CONDITION of this Guarantee that the Commission for Aviation Regulation will repay to us as the Guarantor such part of the sum paid by us to the Commission as shall not be expended in accordance with Part I above or to defray the reasonable expenses incurred by the Commission under section 24(2) of the Act.

IT IS AGREED THAT in circumstances outlined in paragraph (f) of Part I above, the Commission for Aviation Regulation will, before calling on the Guarantor for payment under the security, notify the organiser or trader facilitating linked travel arrangements in writing by delivering the notice to the organiser or trader’s principal place of business or registered office in the State, of its proposal to apply the security and the reasons for such proposal and shall afford the organiser or trader all reasonable opportunity to make representations to the Commission.

This security shall come into effect on the _ day of ___, 20, and shall cease to have effect after the _ day of __, 20, and shall be available to the Commission for Aviation Regulation in respect of a package or a linked travel arrangement, as the case may be, regardless of when the package travel contract or linked travel arrangement, was made with the traveller, PROVIDED THAT the Commission shall make any demand on us not later than 6 months following the expiry date of this security.

Notwithstanding the generality of the foregoing, where this security is replaced by a new security arranged by the organiser or trader facilitating linked travel arrangements, as the case may be, in accordance with section 22 or 22A of the Act, and which complies with section 24 of the Act, our liability under this guarantee shall cease on the commencement of such new security.

Signed FOR AND ON BEHALF OF

this __ day of __ 20_.]

Footnotes

O.J. No. L 158/59 23.6.1990.

OJ No. L 263, 9.10.2007, p. 1

OJ No. L 165, 18.6.2013, p. 1

OJ No. L. 46, 17.2.2004, p. 1

OJ No. L. 315, 3.12.2007, p. 14

OJ No. L. 334, 17.12.2010, p. 1

OJ No. L. 55, 28.2.2011, p. 1

OJ No. L 131, 28.5.2009, p. 24

OJ No. L 334, 17.12.2010, p.1

OJ No. L. 55, 28.2.2011, p. 1

OJ No. L 46, 17.2.2004, p. 1

OJ No. L 315, 3.12.2007, p. 14

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