Collective Commentary about the New Package Travel Directive

The transposition of the New Package Travel Directive in Ireland Anne Dolan 1 Foreword; The Scheme of this Chapter; 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; 1.1.2. The Package Holidays and Travel Trade Act 1995; 1.1.3.The State Airports (Shannon Group) Act 2014; 1.2. Regulatory Authorities; 2. Ireland Transposes the Directive; 3. Chapter I – Subject Matter, Scope, Definition and Level of Harmonisation; 3.1. Scope; 3.1.1. Article 2(b) – Not-for-profit Packages and Linked Travel Arrangements; 3.1.2. Article 2(c) – Business Travel; 3.2. Definitions; 3.2.1. Article 3(2) – Package; 3.2.2. Article 3(5) – Linked Travel Arrangements; 4. Chapter II – Information Obligations and Content of the PackageTravel Contract; 4.1. Article 5 – Pre-Contractual Information; 5. Chapter III – Changes to the Package Travel Contract before the Start of the Package; 5.1. Article 10 – Alteration of the Price; 5.2. Article 12 – Termination of the Package Travel Contract and the Right of Withdrawal before the Start of the Package; 5.2.1. Article 12(5) – Off-premises Contracts; 6. Chapter IV – Performance of the Package; 6.1. Article 13 – Responsibility for the Performance of the Package; 6.2. Article 14 – Price Reduction and Compensation for Damages; 6.2.1. Article 14(4) – Limitation of Compensation for Damages other than for Personal Injury or Damage Caused Intentionally or with Negligence; 7. Chapters V & VI – Insolvency Protection & Linked Travel Arrangements; 7.1. Article 17 – Effectiveness and Scope of Insolvency Protection; 7.1.1. Definition of Insolvency; 7.1.2. Requirement to 1 Anne Dolan is a graduate of the University of Limerick and completed her post-graduate studies at the College of Europe in Bruges. Having qualified as a solicitor in 1994 she worked as the internal legal advisor to the Irish Travel Agents Association. In 1999 she set up in private practice as a solicitor. Anne provides legal services exclusively to clients in the travel industry including a number of large Irish based tour operators and travel agents; a number of UK tour operators, travel agents and cruise line companies who conduct business in Ireland and is retained as the external Legal Advisor to the Irish Travel Agents Association. Anne is a member of the European Travel Agents Association (‘ECTAA’) Legal Committee and was appointed to the Board of Directors of ECTAA in 2014. She has previously served as a member of the Advisory Board of the School of Law at the University of Limerick.