Collective Commentary about the New Package Travel Directive

IRELAND | ANNE DOLAN 887 with one or more tourist services as referred to in point (d) of point 1 is not a package if the latter services: do not account for a significant proportion of the value of the combination and are not advertised as and do not otherwise represent an essential feature of the combination”; Recital 18 of the Directive, which was not repeated by the Commission in the operative part of the Directive, sets out that “If other tourist services account for 25% or more of the value of the combination, those services should be considered as representing a significant proportion of the value of the package or linked travel arrangement” .No reference ismade in this sentence to linked travel arrangements 32 . The Irish government has incorporated this element of Recital 18 in the definition of packages. Section 3(1)(b) of the 1995 Act (as amended) provides that a combination of travel services “where not more than one type of travel service referred to in paragraph (a), (b) or (c) of the definition of “travel service” is combined with one or more tourist services referred to in paragraph (d) of that definition is not a package if the latter tourist service or services do not exceed 25 per cent of the value of the combination and are not advertised as and do not otherwise represent an essential feature of the combination… ” does not constitute a package. 3.2.2. Article 3(5) – Linked Travel Arrangements Again, the definition of linked travel arrangements set out in Section 2(1)(ii) of the 1995 Act (as amended) follows closely that contained in the Directive, save, as in the case of the definition of packages, the 25% valuation in respect of the additional tourist service has also been inserted 33 . 4. CHAPTER II – INFORMATION OBLIGATIONS AND CONTENT OF THE PACKAGE TRAVEL CONTRACT 4.1. Article 5 – Pre-Contractual Information Section 10(1)(i) and Section 14(1)(h)(ii) of the 1995 Act, required organisers without a place of business in Ireland to include in any brochures made available to consumers and also to feature as an essential term of the package contract, 32 See further in Section 3.3.2. of this Chapter. 33 See further in Section 3.3.1. of this Chapter.