The Gazette 1996

GAZETTE

APRIL /MAY 1996

Holidays Wi ll Never Be the Same Again

by Richard Lee

company that organises overnight accommodation could be a package organiser as could a guest house or hotel that organises local tours. Loosely speaking an "organiser" means a person who organises packages which include two out of the following three components: a. transport; b. accommodation; c. other tourist services, not ancillary to transport or accommodation, The definition is very wide and could, for example, include conferences organised by the Law Society. Social and sporting clubs organising outings, educational trips, pilgrimages and so forth could all be caught by the definition of "organiser" with the consequence of onerous liability. It is important to be aware that the term 'package' includes all travel within Ireland, as well as travel abroad. The legislation permits an exemption for an 'occasional organiser'. On 29 September 1995 the Minister for Transport, Energy and Communications officially sealed Statutory Instrument No. 271 of 1995 which sets out who may be classed as an 'occasional organiser'. The Instrument includes professional, medical, scientific, cultural or trade associations or societies, social and sporting clubs, voluntary organisations, schools and educational institutions, religious groups and charities. While the above groups are included in the Statutory Instrument they could fall outside its ambit should the exact wording of the Statutory Instrument not be observed. Brochure The recent legislation also sets out requirements for a package or holiday accounting for a significant proportion of the package. Exemption

The area of 'Holiday Law' has seen some radical changes in the past year with significant consequences for holidaymakers, tour operators and travel agents. Social, sporting and voluntary clubs organising outings should also pay special attention. With a preference for the practical over and ábove the academic I set out below some interesting considerations. In 1995 two important pieces of legislation came into operation which I would say substantially changed the law relating to holidays, giving holidaymakers significant rights and imposing stern obligations on package organisers, tour operators and travel agents. The two pieces of legislation were: a. The Package Holiday and Travel Trade Act 1995 which effectively came into operation on 1 October 1995 and, b. The European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 which apply to all contracts concluded after 31 December 1994. Liability A heavy burden has now been placed on the shoulders of package organisers and tour operators in that, loosely speaking, they are now primarily responsible for anything that goes wrong in connection with a package holiday. If, for example, a hotel fails or improperly performs its part of the holiday contract then the package organiser or tour operator may be liable for damages. If a holidaymaker suffers injury caused as result of the failure or improper performance of a hotel or apartment in the provision of services then the New Law

Richard Lee

package organiser or tour operator could face a claim. Of particular concern to package organisers and tour operators should be a failure or improper performance in the transport element of a package holiday as accidents can happen with planes, trains, boats and buses. Some measure of liability limitation is permitted to package organisers and tour operators with regard to transport services. Limitation The recent legislation prevents any limitation on liability where death or personal injury is a consequence of a failure or improper performance of the services involved in a package holiday or if there is gross negligence or wilful misconduct on the part of the package organiser. Otherwise liability may be limited to not less than twice the cost of the package holiday for an adult and not less than the cost of the package holiday in respect of a person under eighteen years of age.

Package Organiser

The recent legislation applies not just to tour operators but to all 'package organisers'. For example a bus

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