Collective Commentary about the New Package Travel Directive

IRELAND | ANNE DOLAN 893 which is part of a package, the same limitation shall apply to the liability, if any, of an organiser to pay compensation to a traveller under this Act. ”. According to Section 20(8) of the 1995 Act (as amended) the term “ relevant international conventions” means, the Athens Convention, the Convention concerning International Carriage by Rail (COTIF), the Montreal Convention and the Warsaw Convention. It is arguable that by prescribing the relevant conventions, the Irish government has taken a somewhat narrower approach than what was afforded by the Directive. Previously, organisers would have incorporated, the Paris Convention in respect of the provision of accommodation 45 in their limitation clauses. Moreover, fixing the international conventions forecloses the possibility of incorporating any limitations or exclusions that might be provided for in any international conventions ratified at some future point in time. 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 The term “insolvency” is now defined in the 1995 Act (as amended) and means “ the organiser or the trader facilitating a linked travel arrangement is unable to, or is failing to, meet its financial or contractual obligations under this Act owed by it to travellers in respect of package travel contracts or linked travel arrangements and that, in relation to that organiser or trader, one or more of the following events has occurred: A petition is granted by a court for the compulsory winding up of the business of the organiser or trader; The organiser or trader, by reason of being unable to fulfil its financial obligations, seeks a voluntary winding up of the business or has convened a meeting of the creditors of the organiser or trader, for the purpose of considering a settlement of the liabilities of the organiser or trader to its creditors; A receiver is appointed over the assets of the organiser or trader; The organiser or trader has failed to discharge its debts or is unable to discharge those debts or has ceased to carry on business by reason of the inability to discharge those debts; 45 https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/041/signatures?p_auth=14UJ9ByL