Collective Commentary about the New Package Travel Directive

IRELAND | ANNE DOLAN 899 (d) where it has a concern about the compliance with the requirements for insolvency protection of an organiser established in another Member State, seek clarification from the Member State in which that organiser is established, and (e) respond to requests from central contact points in other Member States for information about the compliance with the requirements for insolvency protection of an organiser established in the State as soon as possible, taking into account the urgency and complexity of the matter, and in any event provide an initial response not later than 15 working days from receiving the request.”. Whilst Section 25(A)(1)(a) makes no distinction between travel packages and packages which do not include a travel service, the CAR in its Note 67 , states that it “ is working with the Department of Transport, Tourism and Sport to determine the agency responsible for administering arrangements for the non-travel inclusive packages sector and that until further notice, the CAR will continue to only administer the scheme for travel related sales/packages .”. 8. CHAPTER VII – GENERAL PROVISIONS 8.1. Article 24 – Enforcement Section 6 of the 1995 Act (as amended) provides that a person who contravenes any provision of the Act, contravention of which is deemed to be an offence shall be liable on summary conviction (which can be brought by the CAR) to a fine not exceeding approximately €5,000.00 or on conviction on indictment, to a fine not exceeding approximately €250,000.00. Amongst the offences set out in the 1995 Act (as amended) are the failure to comply with the information requirements set out in Section 10 of the 1995 Act (as amended) and not having insolvency protection arrangements in place in accordance with the requirements of Section 22(11) & Section 22(A)(15) of the 1995 Act (as amended). Furthermore, a tour operator or travel agent that fails to hold a licence or have sufficient evidence of security in respect of package offered or sold in the State, in contravention of Sections 4 and/or 5 of the 1982 Act, commits an offence and is liable to summary conviction or conviction on indictment to a fine not exceeding €250,000 68 . 67 Paragraph 28 of CAR Note, see footnote 49. 68 Section 20(1) of the 1982 Act.