Collective Commentary about the New Package Travel Directive

IRELAND | ANNE DOLAN 897 in circumstances where the Irish government has not fixed retailers with responsibility for the performance of the package, as set out in the second paragraph of Article 13(1) of the Directive. 7.2. Article 18 – Mutual Recognition of Insolvency Protection and Administrative Cooperation 7.2.1. Commission for Aviation Regulation’s Note for Travel Agents, Tour Operators, Retailers, Organisers and Facilitators of Linked Travel Arrangements In May 2019, the CAR issued a guidance note, setting out “the Commission’s current understanding of the changes, brought about by (Statutory Instruments 80 and 105 of 2019 ) 58 , that need to be made to the existing licensing and insolvency protection arrangements that apply in Ireland. ”. 7.2.1.1. Traders established in Ireland Concerning that portion of their turnover relating to packages or linked travel arrangements, which they organise or facilitate, the CAR guidance note states that tour operators and travel agents established in Ireland may, but are not required to be licenced by the CAR, for their ex-Ireland tour operator or travel agency business 59 . It is not possible for licence holders to protect travel packages and linked travel arrangements that do not commence in Ireland or non-travel packages and linked travel arrangements under the bond which they have in place for their licence and separate security arrangements will have to be put in place for that turnover 60 . Where the security arrangements which the licence holder has put in place are insufficient to cover the losses suffered by a traveller, the CAR may have recourse to the TPF 61 . The TPF is not available in circumstances where the security arrangements put in place by an un-licensed organiser or trader facilitating linked travel arrangements, prove to be insufficient 62 . 58 See footnote 48. 59 Ibid, paragraph 8. 60 Ibid paragraph 9. 61 Ibid paragraph 11, see further Section 1.1.1 of this Chapter. 62 Ibid paragraph 13.