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S.I. No. 80/2019 - European Union (Package Travel And Linked Travel Arrangements) Regulations 2019

Type Statutory Instrument

Publication 2019-03-11

Last updated 2019-03-26

State In force superseded text

Text As published

Source Irish Statute Book

articles 27

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2019-03-26, S.I. No. 105/2019 - European Union (Package Travel And Linked Travel Arrangements) (No. 2…

Reform history JSON API

“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

- (*c*) any other additional statements and information attached to the foregoing and forming part of them,

  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.”.

Amendment of section 25 of Act of 1995

22.

(1) The Act of 1995 is amended in section 25 -

(a) by the substitution of the following subsections for subsections (1) and (2):

“(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.”,

and

(b) by the insertion of the following subsection after subsection (3):

“(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).”.

(2) A policy of insurance under section 25 of the Act of 1995 in force immediately before the coming into operation of paragraph (1), shall continue in force and have effect until the date specified in the policy to be the date of its expiry, notwithstanding the coming into operation of that paragraph.

Administrative cooperation, certain obligations of retailers and traders, third party liability, non-waiver of rights or obligations and consumer information

23.

The Act of 1995 is amended by the insertion of the following sections after section 25:

“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. (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. Regulations 11, 25, 26 and 27 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013 ) shall apply to packages and travellers subject to the following modifications and any other necessary modifications:
- (*a*) a reference to a trader shall be construed as a reference to an organiser or a trader facilitating linked travel arrangements;

- (*b*) a reference to a consumer shall be construed as a reference to a traveller;

- (*c*) a reference to a contract shall be construed as a reference to a package travel contract or a linked travel arrangement.”.

Amendment of Act of 2001

24.

The Act of 2001 is amended -

(a) in section 2(1) -

(i) by the deletion of the definition of “organiser”, and

(ii) by the insertion of the following definition:

“ ‘trader’ has the meaning assigned to it by section 2 of the Package Holidays and Travel Trade Act 1995 ;”,

(b) in section 17(7), in the definition of “interests”, by the substitution in paragraph (a)(vi) of of “trader” for “organiser”, and

Amendment of Act of 1982

25.

(1) The Act of 1982 is amended in section 2(1) -

(a) by the insertion of the following definitions:

“ ‘Act of 1995’ means the Package Holidays and Travel Trade Act 1995 ;

‘Directive’ means Directive (EU) No. 2015/2302 of the European Parliament and the Council of 25 November 2015 on package travel and linked travel arrangements¹ ;

‘linked travel arrangement’ has the meaning assigned to it by the Act of 1995;

‘trader facilitating linked travel arrangements’ shall be construed in accordance with section 22A of the Act of 1995;”,

(b) by the substitution of the following definitions:

“ ‘organiser’ has the meaning assigned to it by the Act of 1995;

‘package’ has the meaning assigned to it by the Act of 1995;

‘retailer’ has the meaning assigned to it by the Act of 1995;”,

(d) by the substitution in the definition of “carrier” of “other than an organiser or trader facilitating linked travel arrangements where the package includes transport commencing in the State to destinations outside the State or Northern Ireland)” for “(other than a package provider where the package includes transport commencing in the State to destinations outside the State or Northern Ireland)”.

(2) The Act of 1982 is amended -

(a) in section 4 by the substitution for paragraph (b) of the following paragraph:

“(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.”,

(b) in section 5 by the substitution for paragraph (b) of the following paragraph:

“(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.”, and

“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.”.

(3) The Act of 1982 is amended by the insertion after section 13 of the following section:

“13A. (1) Where the contract referred to in section 13(1) is a package or a linked travel arrangement, the tour operator or travel agent shall arrange security for that contract in accordance with section 22 or section 22A of the Act of 1995, as the case may require.

(2) Notwithstanding subsection (1), where a tour operator or travel agent has arranged a bond under s. 13 for the purpose of obtaining a grant of a licence under section 6, and where that bond offers equivalent protection for travellers to that required under section 22 or 22A of the Act of 1995, as the case may require, the tour operator or travel agent shall have also complied with the requirement to provide security in accordance with section 22 or 22A, as appropriate.

(3) Notwithstanding subsections (3) and (4) of section 13, where, by virtue of subsection (2), a tour operator or travel agent has complied with the requirement to provide security in accordance with section 22 or 22A of the Act of 1995, the purposes of that bond under section 13 shall not be limited to the purposes set out in subsections (3) and (4) of that section but may also be used for the purposes set out in sections 22 or 22A of the Act of 1995.”.

(4) The Act of 1982 is amended in section 20(1) by the deletion in paragraphs (a) and (b) of that subsection of “, retailer or organiser of packages,”.

Amendment of regulations

26.

(1) The European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 ( S.I. No. 290 of 2006 ) are amended:

(a) by the substitution of “Directive (EU) No. 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements”¹ for “Council Directive 90/314/EEC of 13 June 19909 on package travel, package holidays and package tours” in the second column at reference number 5 of the Schedule;

(b) by the substitution of “Competition and Consumer Protection Commission” for “Office of the Director of Consumer Affairs” in the fourth column at reference number 5 of the Schedule.

(2) The European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 ( S.I. No. 555 of 2010 ) are amended by the substitution in paragraph 4 of the Schedule of “Directive (EU) No. 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements”¹ for “Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours⁵ .”.

Repeals and revocations

27.

(1) Sections 3, 5, 11, 12 and 14 of the Act of 1995 are repealed.

(2) The following are revoked:

(a) the Package Holidays and Travel Trade Act 1995 (Bonds) Regulations 1995 ( S.I. No. 270 of 1995 );

(b) the Package Holidays and Travel Trade Act 1995 (Occasional Organisers) Regulations 1995 ( S.I. No. 271 of 1995 );

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 Directive (EU) 2015/2302. 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 Directive (EU) 2015/2302 (to be provided in the form of a hyperlink).

Following the hyperlink the traveller will receive the following information:

Key rights under Directive (EU) 2015/2302

— 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 national law transposing Directive (EU) No. 2015/2302]

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

Key rights under Directive (EU) 2015/2302

— 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 Directive (EU) 2015/2302 as transposed into national law 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 Directive (EU) 2015/2302. 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 Directive (EU) 2015/2302 (to be provided in the form of a hyperlink).

Following the hyperlink the traveller will receive the following information:

Key rights under Directive (EU) 2015/2302

— 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.

— 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 national law transposing Directive (EU) No. 2015/2302]

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 Directive (EU) 2015/2302. 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 EU law, 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 (to 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 national law transposing Directive (EU) No. 2015/2302]

Part B 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

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 Directive (EU) 2015/2302. 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 EU law, 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 (to 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 national law transposing Directive (EU) No. 2015/2302]

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 Directive (EU) 2015/2302 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 EU law, 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 Directive (EU) 2015/2302 as transposed into national law 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 Directive (EU) 2015/2302. 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 EU law, 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 (to 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 national law transposing Directive (EU) No. 2015/2302]

Part E 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

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 Directive (EU) 2015/2302. 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 EU law, 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 (to 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 national law transposing Directive (EU) No. 2015/2302]

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_.

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 )

We _________ (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_.

GIVEN under my Official Seal,

Dated this 11th day of March, 2019.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

Explanatory Note

(This note is not part of the instrument and does not purport to be legal interpretation)

These Regulations transpose into domestic law the provisions of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (the “Package Travel Directive” or “PTD”), amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (Package Holidays and Travel Trade Act, 1995).

The objective of the PTD is to update obligations for traders to ensure rights for travellers in relation to package travel and introduces new requirements for traders facilitating linked travel arrangements. These regulations transpose the Directive and provide for a number of amendments to the Package Holidays and Travel Trade Act 1995 . It also makes a number of consequential amendments to other pieces of legislation, including the Transport (Tour Operators and Travel Agents) Act 1982 and the Aviation Regulation Act 2001 .

Footnotes

OJ No. L 326, 11.12.2015, p. 1

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 46, 17.2.2004, p. 1

OJ No. L 315, 3.12.2007, p. 14

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

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