Collective Commentary about the New Package Travel Directive

IRELAND | ANNE DOLAN 885 In transposing Article 2(2) of the 1990 Directive, Section 3(2) of the 1995 Act, provided that persons were not to be regarded as organising packages occasionally (“occasional organisers”), unless that person was a member of a class specified in regulations made by the minister. The Package Holidays and Travel Trade Act, 1995 (Occasional Organisers) Regulations (S.I No. 271 of 1995) (“Occasional Organisers Regulations”), provided further guidance on the term occasional organisers, by designating certain categories of persons as classes whose members could be regarded as organising packages occasionally and thereby be excluded from the scope of the 1995 Act, including schools, religious groups and cultural associations. Regulation 3 of the Occasional Organisers Regulations further stipulated that where the package was one in respect of which a licence was required under the 1982 Act, a person(s) organising such a package would not be regarded as organising packages occasionally and would be required to comply with the requirements of the 1995 Act and moreover, those of the 1982 Act. This exclusion of occasional organisers has always rested uneasily with those organisers that came within the scope of the 1995 Act. Throughout the revision process, stakeholders in the travel sector strenuously expressed the view that “ consumers should be offered effective protection, irrespective of the type of organiser” 23 . However, the Commission was not minded to extend the protections provided in the Directive to travellers that purchase travel arrangements from occasional organisers, with the Commission being of the view that there is less need to protect such travellers 24 . In the context of the Irish transposition of Article 2(b) of the Directive, which excludes packages, and linked travel arrangements facilitated, occasionally and on a not-for-profit basis and only to a limited group of travellers from its scope, the Occasional Organisers Regulations were repealed 25 . 3.1.2. Article 2(c) – Business Travel The applicationof the 1990Directive tobusiness travellers has beenambiguous…. “ was it a case of a limited inclusion or as some see it the exclusion of business travellers” 26 . 23 Page vii the Indecon report (see footnote 19). 24 Recital 19 of the Directive, page 10. 25 Regulation 27(2)(c) of the S.I. 80 of 2019. 26 Jonathan Buttimore, Holiday Law in Ireland, page 19.