(LRC Revised)

Number 17 of 1995

PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995

REVISED

Updated to 29 November 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Package Holidays and Travel Trade Act 1995

.

It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to

undertake revision and consolidation of statute law.

All Acts up to and including the

Consumer Rights Act 2022

(37/2022), enacted 7 November 2022, and all statutory instruments up to and including

the

Consumer Rights Act 2022 (Commencement) Order 2022

(S.I. No. 596 of 2022),

made 28 November 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

17

of

1995

PACKAGE HOLIDAYS AND TRAVEL TRADE ACT 1995

REVISED

Updated to 29 November

2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation and commencement.

2.

Interpretation.

3.

Organiser.

(Repealed)

4.

Expenses.

5.

Fees.

(Repealed)

6.

Offences.

7.

Proceedings.

8.

Particular functions of Director.

9.

Laying of regulations before Houses of Oireachtas.

PART II

Regulation of Travel Contract

10.

Brochure content.

10A.

Binding

character of pre-contractual information and conclusion of the package

travel contract.

11.

Liability for

misleading brochures.

(Repealed)

12.

Information

to be provided before conclusion of contract.

(Repealed)

13.

Information to be provided before start of package.

14.

Essential

terms of contract.

(Repealed)

15.

Form of contract.

16.

Transfer of booking.

17.

Contract price revision.

18.

Alteration or cancellation by organiser.

18A.

Termination

of the package travel contract and the right of withdrawal before the

start of the package.

19.

Significant failure of performance after start of the package.

20.

Extent and financial limits of liability.

20A.

Possibility

to contact the organiser via the retailer.

20B.

Obligation to provide assistance.

21.

Authorised officers.

21A.

Search warrant.

PART III

Security

22.

Security requirements in the event of insolvency.

22A.

Insolvency

protection and information requirements for linked travel

arrangements.

23.

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

24.

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

25.

Insurance.

25A.

Administrative cooperation.

25B.

Administrative cooperation, certain obligations of retailers and

traders, third party liability, non-waiver of rights or obligations and

consumer information.

25C.

Application

of consumer regulations.

(Repealed)

PART IV

Amendment of Transport (Tour Operators and Travel

Agents) Act, 1982

26.

Functions of authorised persons.

27.

Amendment of section 2 of the Act of 1982.

28.

Amendment of section 6 of the Act of 1982.

29.

Amendment of section 8 of the Act of 1982.

30.

Amendment of section 13 (4) (

d

) of the Act of 1982.

31.

Amendment of section 18 of the Act of 1982.

32.

Amendment of

section 20 of the Act of 1982.

(Repealed)

33.

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

34.

Powers of Court under the Act of 1982.

SCHEDULE 1

PART A

Standard information form for package travel contracts where the use of

hyperlinks is possible

PART B

Standard information form for package travel contracts in situations other than

those covered by Part A

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)

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

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

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

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

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

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

SCHEDULE 4

/

Package Holidays 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

PART II

Number

17

of

1995

PACKAGE HOLIDAYS AND TRAVEL

TRADE ACT 1995

REVISED

Updated to 29 November

2022

AN ACT TO ENABLE EFFECT TO BE GIVEN TO COUNCIL DIRECTIVE NO. 90/314/EEC OF 13 JUNE

1990 OF THE EUROPEAN COMMUNITIES ON PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS,

TO AMEND THE

TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982

, AND TO PROVIDE FOR CONNECTED MATTERS. [17

th July

, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions

transferred and references to "Director" construed (1.05.2007, establishment day)

by

Consumer Protection Act 2007

(19/2007), s. 37(1)-(3) and sch. 1 part 1,

subject to transitional provisions in subss. (4), (5), S.I. No. 179 of 2007.

37.

— (1) The

administration and business in connection with the exercise, performance or

execution of any of the functions transferred by subsection (2) are transferred to

the Agency on the establishment day.

(2) The functions vested in

the Director by or under the existing enactments are transferred to the Agency on

the establishment day.

(3) References to the

Director and the office of the Director contained in any Act (within the meaning

of the Interpretation Act 2005 ) or instrument (including a licence or certificate

granted, nomination made or consent or authorisation given thereunder) relating to

any functions transferred by subsection (2) shall, on and after the establishment

day, be read as references to the Agency.

...

SCHEDULE 1

Existing Enactments

Section 2 .

PART 1

Enactments — Acts of the

Oireachtas

Number and

Year

(1)

Short Title

(2)

...

...

No. 17 of 1995

Package Holidays and Travel Trade Act 1995

...

...

...

C2

Functions

transferred and references to "Minister" construed (27.02.2001, establishment day)

by

Aviation Regulation Act 2001

(1/2001), s. 9(1), (2) and (3), subject to

transitional provisions in subss. (4)-(7), S.I. No. 47 of 2001.

9.

—(1) The

administration and business in connection with the exercise, performance or

execution of any of the functions transferred by subsection (2) are hereby

transferred, on the establishment day, to the Commission.

(2) There are hereby

transferred, on the establishment day, to the Commission the functions vested in

the Minister by or under each of the following— ...

(

b

) the Package

Holidays and Travel Trade Act, 1995,

...

(3) References to the

Minister contained in any Act or instrument relating to any functions transferred

by subsection (2) shall, on the establishment day, be construed as references to

the Commission.

...

Editorial Notes

E1

Enforcement of Act provided for (1.05.2007) by

Consumer Protection Act 2007

(19/2007), s. 73(8) and sch. 4 (written undertaking to comply or to refrain from

act or practice, compensate, reimburse or return item, or publish advertisement containing

a corrective statement) and s. 75(2) and sch. 5 (service of compliance notice by authorised

officer), S.I. No. 178 of 2007. Note that the

Consumer Protection Act 2007

, s. 86 (publication of traders’ names, consumer protection list) also applies to these forms of enforcement, and

s. 94 gives the Central Bank and Financial Services Authority functions in respect

of, among other provisions, ss. 73, 75 and 86 of the 2007 Act.

E2

Previous affecting provision: competent authority designated for

purpose of Act (30.05.2006) by

European Communities (Cooperation between

National Authorities Responsible for the Enforcement of Consumer Protection

Laws) Regulations 2006

(S.I. No. 290 of 2006), reg. 4(1) and sch. ref. no.

5; revoked (17.01.2020) by

European Union (Cooperation Between National

Authorities Responsible for the Enforcement of Consumer Protection Laws)

Regulations 2020

(S.I. No. 14 of 2020), reg. 11(a), in effect as per reg.

1(2).

Annotations

Modifications (not altering text)

C1

Functions

transferred and references to "Director" construed (1.05.2007, establishment day)

by

Consumer Protection Act 2007

(19/2007), s. 37(1)-(3) and sch. 1 part 1,

subject to transitional provisions in subss. (4), (5), S.I. No. 179 of 2007.

37.

— (1) The

administration and business in connection with the exercise, performance or

execution of any of the functions transferred by subsection (2) are transferred to

the Agency on the establishment day.

(2) The functions vested in

the Director by or under the existing enactments are transferred to the Agency on

the establishment day.

(3) References to the

Director and the office of the Director contained in any Act (within the meaning

of the Interpretation Act 2005 ) or instrument (including a licence or certificate

granted, nomination made or consent or authorisation given thereunder) relating to

any functions transferred by subsection (2) shall, on and after the establishment

day, be read as references to the Agency.

...

SCHEDULE 1

Existing Enactments

Section 2 .

PART 1

Enactments — Acts of the

Oireachtas

Number and

Year

(1)

Short Title

(2)

...

...

No. 17 of 1995

Package Holidays and Travel Trade Act 1995

...

...

...

C2

Functions

transferred and references to "Minister" construed (27.02.2001, establishment day)

by

Aviation Regulation Act 2001

(1/2001), s. 9(1), (2) and (3), subject to

transitional provisions in subss. (4)-(7), S.I. No. 47 of 2001.

9.

—(1) The

administration and business in connection with the exercise, performance or

execution of any of the functions transferred by subsection (2) are hereby

transferred, on the establishment day, to the Commission.

(2) There are hereby

transferred, on the establishment day, to the Commission the functions vested in

the Minister by or under each of the following— ...

(

b

) the Package

Holidays and Travel Trade Act, 1995,

...

(3) References to the

Minister contained in any Act or instrument relating to any functions transferred

by subsection (2) shall, on the establishment day, be construed as references to

the Commission.

...

Editorial Notes

E1

Enforcement of Act provided for (1.05.2007) by

Consumer Protection Act 2007

(19/2007), s. 73(8) and sch. 4 (written undertaking to comply or to refrain from

act or practice, compensate, reimburse or return item, or publish advertisement containing

a corrective statement) and s. 75(2) and sch. 5 (service of compliance notice by authorised

officer), S.I. No. 178 of 2007. Note that the

Consumer Protection Act 2007

, s. 86 (publication of traders’ names, consumer protection list) also applies to these forms of enforcement, and

s. 94 gives the Central Bank and Financial Services Authority functions in respect

of, among other provisions, ss. 73, 75 and 86 of the 2007 Act.

E2

Previous affecting provision: competent authority designated for

purpose of Act (30.05.2006) by

European Communities (Cooperation between

National Authorities Responsible for the Enforcement of Consumer Protection

Laws) Regulations 2006

(S.I. No. 290 of 2006), reg. 4(1) and sch. ref. no.

5; revoked (17.01.2020) by

European Union (Cooperation Between National

Authorities Responsible for the Enforcement of Consumer Protection Laws)

Regulations 2020

(S.I. No. 14 of 2020), reg. 11(a), in effect as per reg.

1(2).

PART I

Preliminary and General

Section

1.

Short title, collective citation and commencement.

2.

Interpretation.

3.

Organiser.

(Repealed)

4.

Expenses.

5.

Fees.

(Repealed)

6.

Offences.

7.

Proceedings.

8.

Particular functions of Director.

9.

Laying of regulations before Houses of Oireachtas.

PART II

Regulation of Travel Contract

10.

Brochure content.

10A.

Binding

character of pre-contractual information and conclusion of the package

travel contract.

11.

Liability for

misleading brochures.

(Repealed)

12.

Information

to be provided before conclusion of contract.

(Repealed)

13.

Information to be provided before start of package.

14.

Essential

terms of contract.

(Repealed)

15.

Form of contract.

16.

Transfer of booking.

17.

Contract price revision.

18.

Alteration or cancellation by organiser.

18A.

Termination

of the package travel contract and the right of withdrawal before the

start of the package.

19.

Significant failure of performance after start of the package.

20.

Extent and financial limits of liability.

20A.

Possibility

to contact the organiser via the retailer.

20B.

Obligation to provide assistance.

21.

Authorised officers.

21A.

Search warrant.

PART III

Security

22.

Security requirements in the event of insolvency.

22A.

Insolvency

protection and information requirements for linked travel

arrangements.

23.

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

24.

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

25.

Insurance.

25A.

Administrative cooperation.

25B.

Administrative cooperation, certain obligations of retailers and

traders, third party liability, non-waiver of rights or obligations and

consumer information.

25C.

Application

of consumer regulations.

(Repealed)

PART IV

Amendment of Transport (Tour Operators and Travel

Agents) Act, 1982

26.

Functions of authorised persons.

27.

Amendment of section 2 of the Act of 1982.

28.

Amendment of section 6 of the Act of 1982.

29.

Amendment of section 8 of the Act of 1982.

30.

Amendment of section 13 (4) (

d

) of the Act of 1982.

31.

Amendment of section 18 of the Act of 1982.

32.

Amendment of

section 20 of the Act of 1982.

(Repealed)

33.

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

34.

Powers of Court under the Act of 1982.

SCHEDULE 1

PART A

Standard information form for package travel contracts where the use of

hyperlinks is possible

PART B

Standard information form for package travel contracts in situations other than

those covered by Part A

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)

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

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

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

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

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

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

SCHEDULE 4

/

Package Holidays 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

PART II

Number

17

of

1995