Collective Commentary about the New Package Travel Directive

882 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE The term “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 ” 8 . The 1982 Act defines a “tour operator “as “ 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 of 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 ” 9 . A “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 of 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 ” 10 . The security arrangements, (“the bond”) may be applied to cover costs including, the repatriationof a customer unable to returnhome; the reimbursement of reasonable expenses incurred by such a customer, and to refund as far as possible, any prepayments made by the customer 11 . A fund called the Travellers’ Protection Fund (“the TPF”) was established pursuant to Section 15 of the 1982 Act, the resources of which are applied in circumstances where the bond arranged by the failed licence holder proves insufficient to meet all of the claims on the failed licence holder’s bond. The TPF was funded by way of a levy which was applied on licence holders. No levies have been collected since 1987. Up until July 2018, businesses could apply for a licence regardless of their place of establishment 12 . Issues such as liability for the performance of packages, the information to be provided to customers and the contents of package contracts were not addressed in the 1982 Act, its sole focus being the licensing of travel agents and tour operators and the related financial security requirements. 8 Section 2 of the 1982 Act. 9 Ibid. 10 Ibid. 11 Section 13(4)(A), (B) & (C) of the 1982 Act. 12 See further Section 7.2.1. of this Chapter.