Collective Commentary about the New Package Travel Directive

IRELAND | ANNE DOLAN 881 THE SCHEME OF THIS CHAPTER With more recent transpositions of many pieces of European Union legislation, there has been an increasing trend towards a straight forward “ copy and paste ” of the greater part of the text. This has also been the case with a large portion of the legislative instruments 5 which transposed the Directive, into Irish law. Accordingly, the focus of this chapter is on those aspects of the transposition by the Irish government, which are particular to the Irish implementation. In the main the structure of this chapter adheres to that of the Directive. As it is necessary to keep a distinction between the Package Holidays and Travel Trade Act, 1995, unamended by the Irish transposition legislation and the Package Holidays and Travel Trade Act, 1995 as amended by transposition legislation, the term “the 1995 Act” in this chapter, refers to the Package Holidays and Travel Trade Act, 1995 unamended by the Irish transposition legislation and references to “the 1995 Act (as amended)” mean the Package Holidays and Travel Trade Act, 1995 as amended by the Irish transposition legislation 6 . 1. INTRODUCTION: REGULATION OF THE TRAVEL INDUSTRY IN IRELAND 1982-1995 1.1. Legislative Instruments 1.1.1. Transport (Tour Operators and Travel Agents) Act 1982 The distinct regulation of the travel industry in Ireland dates from 1982 and the enactment of the Transport (Tour Operators and Travel Agents) Act 1982 (“the 1982 Act”), which introduced a licensing scheme for travel agents and tour operators. The 1982 licensing regime remains in place to date and requires travel agents and tour operators to be licenced. Underpinning the licensing regime is the requirement that licence holders have security arrangements in place to protect customers’ monies, in the event that the travel agent or tour operator is unable to meet its financial or contractual obligations in respect of overseas travel contracts 7 . 5 European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019) and European Union (Package Travel and Linked Travel Arrangements) (No. 2) Regulations 2019 (S.I. No. 105 of 2019). 6 See further Section 2 of this Chapter. 7 Section 13 of the 1982 Act.