Collective Commentary about the New Package Travel Directive

888 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE details of a nominated agent with an address within Ireland. The nominated agent is required to accept service on behalf of and represent the organiser in any proceedings (including criminal proceedings) arising out of any package travel contract or brought pursuant to any provision of the 1995 Act. This requirement was seen as supplementing “ the consumer’s position with regard to packages offered for sale by an organiser established outside the State ” 34 . Section 10(1)(i) of the 1995 Act (as amended) similarly provides that the traveller is to be furnished with details of the nominated agent for service of proceedings, before a traveller is bound by any package travel contract or any corresponding offer. 5. CHAPTER III – CHANGES TO THE PACKAGE TRAVEL CONTRACT BEFORE THE START OF THE PACKAGE 5.1. Article 10 – Alteration of the Price Largely retaining the provisions of Article 4(4)(a) of the 1990 Directive, the Directive permits organisers to make changes to the price of a package in specified circumstances (namely variations in fuel or other power costs, taxes or fees on the travel services and exchange rates). Further, as was the case previously, the organiser is only permitted to make such changes where the right to do so has been reserved in the package travel contract. Article 10(2) of the Directive further stipulates that where the price increase exceeds 8% of the total price of the package, the traveller must be offered the option to terminate the package travel contract and obtain a full refund. Whilst the Irish government did not introduce a specific threshold beyond which consumers could cancel their booking and obtain a refund in the 1995 Act, it was generally accepted by Irish organisers that an increase in excess of 10% of the price of the package would constitute a significant alteration of an essential term of the contract, entitling a consumer to cancel and obtain a full refund. The introduction of an 8% threshold, whereupon travellers are entitled to seek a refund of the cost of the package has not been met with much resistance in the Irish travel sector. 34 Jonathan Buttimore, Holiday Law in Ireland, page 28.