or (4) (a) In this section “approved body” means a body which is for the time being approved by the Minister (in consultation with the Minister for Tourism and Trade where arrangements cover a package which is to take place exclusively within the State) for the purposes of this section and no such approval shall be given unless the conditions mentioned in subsection (2) are satisfied in relation to it. (b) The Minister may by regulations specify additional conditions that shall be complied with and other appropriate matters relating to the grant of approval to a body which applies to the Minister to be an approved body. The Parliamentary Counsel Office [17th july, 1995]. (2) The Minister may by regulations provide that the bond may be for such minimum sum and valid for such maximum period as may be specified in the regulations. 22 3. ‘consumer’ means the person who takes or agrees to take the package (‘the principal contractor’), or any person on whose behalf the principal contractor agrees to purchase the package (‘the other beneficiaries’) or any person to whom the principal contractor or any of the other beneficiaries transfers the package (‘the transferee’); 5. Show Timeline of Changes: Bonding where an approved body does not have a reserve fund or insurance. (6) A word or expression that is used in this Act and is also used in the Directive has, unless the contrary intention appears, the meaning in this Act that it has in the Directive. (3) Notwithstanding any terms of the contract no price increase may be made later than a date specified in the contract which shall not be less than twenty days before the specified departure date. 24 (2) The organiser shall be liable to the consumer for any damage caused by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of the organiser or the retailer nor to that of another supplier of services, because—. Landlord and Tenant (Covenants) Act 1995, Section 17 is up to date with all changes known to be in force on or before 04 December 2020. his liability in respect of the charge is subsequently determined to be for a greater amount, the notice informed him of the possibility that that liability would be so determined, and. Revised legislation carried on this site may not be fully up to date. 22 (9) A person who refuses to comply with any request or requirement of an authorised officer in the exercise of functions under this Act shall be guilty of an offence. They shall forthwith inform the Commission thereof. section 21 In cases of complaint, the organizer and/or retailer or his local representative, if there is one, must make prompt efforts to find appropriate solutions. or and to which no relevant alterations have been made since the brochure was supplied, or. (7) In this section “authorised institution” means a person authorised under the law of a Member State to carry on the business of entering into bonds of the kind required by this section. (ii) the package is cancelled by force majeure, that is to say the package is cancelled by reason of unusual and unforeseeable circumstances beyond the control of the organiser, the retailer or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised. (b) the insertion of the following definitions: “‘package’ and ‘package provider’ have the meanings assigned to them by the Package Holidays and Travel Trade Act, 1995;”. (b) where applicable to the package concerned, the cost of repatriation of consumers based on administrative arrangements established by the insurer to enable repatriation of such consumers. (b) changes in those particulars so contained are clearly communicated to and accepted by the other party before a contract is concluded. (2) Without prejudice to the liability of the organiser under subsection (1), it shall be an express term in every contract that the consumer shall communicate at the earliest opportunity, in writing or any other appropriate form, to the supplier of the services concerned, and to the organiser or local representative, if there is one, any failure which the consumer perceives at the place where the services concerned are supplied. Amendment of section 18 of the Act of 1982. (8) The provisions of section 20 Member States shall ensure that in relation to the contract the following principles apply: (a) depending on the particular package, the contract shall contain at least the elements listed in the Annex; (b) all the terms of the contract are set out in writing or such other form as is comprehensible and accessible to the consumer and must be communicated to him before the conclusion of the contract; the consumer is given a copy of these terms; (c) the provision under (b) shall not preclude the belated conclusion of last-minute reservations or contracts. section 21 (1) (h) (ii). ACT. (3) In the case of damage arising from the non-performance or improper performance of the services involved in the package, other than—. 90/314/eec of 13 june 1990 of the european communities on package travel, package holidays and package tours, to amend the transport (tour operators and travel agents) act, 1982, and to provide for connected matters. (c) The consumer is entitled, without prejudice to paragraph (b), to be compensated by the organiser for non-performance of the contract except where—, (i) the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period prescribed in the contract, or. 48 of 1999 South African Council for Educators Act, No. Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In the matter of damages arising from the non-performance or improper performance of the services involved in the package, the Member States may allow compensation to be limited in accordance with the international conventions governing such services. 26 (3) Nothwithstanding the provisions of (8) A person who obstructs or interferes with an authorised officer in the exercise of functions under this Act or gives to an authorised officer information which is false or misleading shall be guilty of an offence. “the Act of 1982” means the ; (a) in relation to a contract, means the person who takes or agrees to take the package (“the principal contractor”); (b) in any other case, means, as the context requires—, (ii) any person on whose behalf the principal contractor agrees to purchase a package (“another beneficiary”), or. ; “authorised officer” has the meaning assigned to it by (b) a person appointed and authorised in writing by the Minister to exercise for the purpose of the Act of 1982, the functions conferred by this section. Amendment of section 13 (4) (d) of the Act of 1982. (a) obstructs or interferes with a person authorised by the Minister under the Act of 1982 in the exercise of functions under that Act shall be guilty of an offence under this Act. 32.—Section 20 of the Act of 1982 is hereby amended by: (a) the substitution in subsection (2) of “£50,000” for “£10,000”. (ii) an event which the organiser, the retailer or the supplier of services, even with all due care, could not foresee or forestall. ‘package’ means the pre-arranged combination of not fewer than two of the following when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. (2) Where a transfer is made in accordance with the implied term set out in subsection (1), the transferor and the transferee shall be jointly and severally liable to the organiser or the retailer acting on the instructions of the organiser for payment of the price of the package (or, if part of the price has been paid, for payment of the balance) and for any additional fair and reasonable costs incurred by the organiser as a result of the transfer. (3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes or different provisions of this Act. If the consumer withdraws from the contract pursuant to paragraph 5, or if, for whatever cause, other than the fault of the consumer, the organizer cancels the package before the agreed date of departure, the consumer shall be entitled: (a) either to take a substitute package of equivalent or higher quality where the organizer and/or retailer is able to offer him such a substitute. (c) to defray any reasonable expenses necessarily incurred by the approved body. (ii) the manner in which the holder of the licence is carrying on his business. (5) In this Act a reference to any enactment shall be construed as a reference to that enactment, as adapted or extended by or under any subsequent enactment including this Act. (2) A person who is guilty of an offence under (c)within the period of three months beginning with the date of the determination, the landlord serves on him a further notice informing him that the landlord intends to recover that greater amount from him (plus interest, where payable). 3. Transport (Tour Operators and Travel Agents) Act, 1982 (b) Service of a document referred to in this subsection on a person specified in the direction shall be deemed for all purposes to be served on the defendant. , shall be exercisable, for the purposes of the Act of 1982, by a person authorised by the Minister under section 11 of that Act. 19.—(1) The terms set out in subsections (2) and (3) shall be implied in every contract and shall apply where, after departure, a significant proportion of the services contracted for is not provided, or the organiser becomes aware that a significant proportion of the services cannot be provided. section 21 (a) the substitution for the definitions of “carrier”, “Minister”, “overseas travel contract”, “tour operator” and “travel agent” of the following definitions: “‘carrier’ means a person (other than a package provider where the package includes transport commencing in the State to destinations outside the State or Northern Ireland) whose principal business is the provision of transport by land, sea or air on aircraft, vessels or other modes of transport owned and operated by such person; ‘the Minister’ means the Minister for Transport, Energy and Communications; ‘overseas travel contract’ means a contract for the carriage of a party to the contract (with or without any other person) by air, sea or land transport commencing in the State to a place outside the State or Northern Ireland, whether the provision of the carriage is the sole subject matter of the contract or is associated with the provision thereunder of any accommodation, facility or service; ‘tour operator’ means a person other than a carrier who arranges for the purpose of selling or offering for sale to any person accommodation for travel by air, sea or land transport commencing in the State to destinations outside the State or Northern Ireland or who holds himself out by advertising or otherwise as one who may make available such accommodation, either solely or in association with other accommodation, facilities or other services; ‘travel agent’ means a person other than a carrier who as agent sells or offers to sell to, or purchases or offers to purchase on behalf of, any person, accommodation on air, sea or land transport commencing in the State to destinations outside the State or Northern Ireland or who holds himself out by advertising or otherwise as one who may make available such accommodation, either solely or in association with other accommodation, facilities or services;”. SEC. If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, the organizer shall, where appropriate, provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed and shall, where appropriate, compensate the consumer. ... means the industrial court referred to in section 17 of the Labour Relations Act, 1956 (Act No. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). sections 23 27.—Section 2(1) of the Act of 1982 is hereby amended by—. (b) that the consumer will inform the organiser or the retailer (as appropriate, in the light of the organiser's instructions) of the decision as soon as possible. Companies Act, 1963 that in respect of the charge the landlord intends to recover from the former tenant such amount as is specified in the notice and (where payable) interest calculated on such basis as is so specified. to this Act; “the Director” means the Director of Consumer Affairs; “the Minister” means the Minister for Transport, Energy and Communications; “offer” includes an invitation to a person, whether by means of advertising or otherwise, to make an offer to buy a package; “organiser” has the meaning assigned to it by (3) An organiser who provides a brochure or other descriptive matter concerning a package to a consumer (whether directly or through a retailer) shall be liable to compensate the consumer for any damage caused to the consumer as a direct consequence of and attributable to the consumer's reliance on information which is false or misleading—, (a) contained in the brochure or other descriptive matter; or. the contract may, save as provided in subsection (5), include a term limiting, in accordance with subsection (4), the amount of compensation payable to the consumer. 1) Act 2019: An Act relating to the criminal law: Administered by: Attorney-General's Section 17: replaced, on 18 March 2019, by section 10 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5). — such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable. (2) A retailer shall not supply a brochure knowing or having reasonable cause to believe that it does not comply with the requirements of subsection (1). (3) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other similar officer of such body or of any person who was purporting to act in any such capacity, that officer or person, as well as such body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first mentioned offence. 90/314/EEC OF 13 JUNE 1990 OF THE EUROPEAN COMMUNITIES ON PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS, TO AMEND THE (2) A package provider shall be deemed to have satisfied the requirements of subsection (1)—, (a) by making any one or more of the arrangements as described in HISTORY: 1980 Act No. 31.—(1) Section 18 (1) of the Act of 1982 is hereby amended by the insertion of the following paragraph: “(e) to defray any reasonable expenses related to the recovery of monies due under subsection (7) where the Minister is satisfied that in undertaking such expenses there would be a substantial interest in protecting the fund.”. — changes are made later following an agreement between the parties to the contract. Note 1: See also sections 7 and 8 of the Health and Other Services (Compensation) Care Charges Act 1995. The former tenant shall not be liable under that agreement or (as the case may be) the covenant to pay any amount in respect of any fixed charge payable under the covenant unless, within the period of six months beginning with the date when the charge becomes due, the landlord serves on the former tenant a notice informing him—. (a) the destination and the means, characteristics and categories of transport used; (b) the type of accommodation, its location, category or degree of comfort and its main features and, where accommodation is to be provided in a Member State, its approval or where applicable, tourist classification under the laws of that Member State; (e) general information about passport and visa requirements which apply to purchase of the package and health formalities required for the journey and the stay; (f) either the monetary amount or the percentage of the price which is to be paid on account and the timetable for payment of the balance; (g) whether a minimum number of persons is required for the package to take place and, if so, the latest time for informing the consumer in the event of cancellation; (i) in the case of packages offered by an organiser who has no place of business in the State, a nominated agent with an address within the State who will accept service on behalf of and represent the organiser in any proceedings (including criminal proceedings) in respect of or arising out of or connected with any contract or brought pursuant to or in connection with any provision of this Act; (j) in the event of insolvency of the organiser, the arrangements for security for money paid over and (where applicable) for the repatriation of the consumer. There are changes that may be brought into force at a future date. (a) the travel destination or destinations and, where periods of stay are involved, the relevant periods, with dates; (b) the means, characteristics and categories of transport to be used and the dates, times and points of departure and return; (c) where the package includes accommodation, its location, its tourist category (if any) or degree of comfort, its main features and, where the accommodation is to be provided in a Member State, its compliance with the laws of that Member State; (e) whether a minimum number of persons is required for the package to take place and, if so, the latest time for informing the consumer in the event of cancellation; (g) visits, excursions or other services which are included in the total price agreed for the package; (h) (i) the name and address of the organiser, the retailer and, where appropriate, the insurer; (ii) in the case of packages sold by an organiser (whether dealing directly with the consumer or through a retailer) who has no place of business in the State, a nominated agent with an address within the State who will accept service on behalf of and represent the organiser in any proceedings (including criminal proceedings) in respect of or arising out of or connected with any contract or brought pursuant to or in connection with any provision of this Act; (i) the price of the package, if price revisions may be made in accordance with the terms which may be included in a contract, an indication of the possibility of such price revisions, and an indication of any dues, taxes or fees chargeable for certain services (such as landing, embarkation or disembarkation fees at ports and airports and tourist taxes) where such costs are not included in the package; (j) the payment schedule and method of payment; (k) special requirements which the consumer has communicated to the organiser or retailer when making the booking and which both have accepted; (l) the periods within which the consumer must make any complaint about the failure to perform or the inadequate performance of the contract provided that such periods shall not be less than twenty eight days from the date of completion of the package. —(1) Subject to the provisions of this section, where a spouse whose marriage has been dissolved in a country or jurisdiction other than the State dies, the court, on application to it in that behalf by the other spouse (“the applicant”) not more than 12 months after representation is first granted under the Act of 1965 in respect of the estate of the deceased spouse, may by order make such provision for the … . 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