(2) of which the package provider is a member such sum as may reasonably be expected to—. (3) An appointment as an authorised officer shall cease—. (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;”. the Council welcomed the Commission's initiative in drawing attention to the importance of tourism and took note of the Commission's initial guidelines for a Community policy on tourism; Whereas the Commission communication to the Council entitled ‘A New Impetus for Consumer Protection Policy’, which was approved by resolution of the Council on 6 May 1986(6) (4) No contract shall become enforceable or unenforceable and no right of action in civil proceedings in respect of any loss shall arise by reason only of the commission of an offence under (5) Subsection (4) shall not apply in respect of particulars where—, (a) the brochure contains a clear and legible statement that changes may be made in the particulars contained in it before a contract is concluded, and. 26 66 of 1995: Labour Relations Act, 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. (4) Where the consumer is not required as a term of the contract to take out insurance to cover the cost of cancellation by the consumer or the cost of assistance, including repatriation, in the event of accident or illness, the organiser shall, where such is available to him, provide the intending consumer with information about the optional conclusion of an insurance policy to cover those risks. (iii) any person to whom the principal contractor or another beneficiary transfers the package (“the transferee”); “contract” means an agreement linking the consumer to the organiser (whether dealing directly with the consumer or through a retailer); “contravenes”, in reference to any provision of this Act, includes a failure or refusal to comply with the provision; “the Directive” means Council Directive No. (a) all the terms of the contract are set out in writing or in such other form as is comprehensible and accessible to the intending consumer and are communicated to the intending consumer before the contract is made; (b) a written copy of these terms is supplied to the consumer. Amendment of section 20 of the Act of 1982. (2) The organiser shall make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package and shall compensate the consumer for any difference between the services to be supplied under the contract and those actually supplied. “fixed charge”, in relation to a tenancy, means—, any service charge as defined by section 18 of the M1Landlord and Tenant Act 1985 (the words “of a dwelling” being disregarded for this purpose), and. (7) In construing a provision of this Act, a court shall give to it a construction that will give effect to the Directive and, for this purpose a court shall have regard to the provisions of the Directive including its preamble. (3) In this section “appropriate policy” means one which does not contain a condition which provides (in whatever terms) that no liability shall arise under the policy, or that any liability so arising shall cease—. the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. (3) or 1. Section 25(6) 5. 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. Information to be provided before start of package. ‘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. 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 10 Information to be provided before conclusion of contract. (b) refuses to comply with any request or requirement of a person so authorised in the exercise of functions under that Act shall be guilty of an offence under this Act. Background. 12.—(1) Before a contract is made, the organiser (whether directly or through a retailer) shall provide the intending consumer with the following information in writing or in some other appropriate form—. on package travel, package holidays and package tours. 26.—(1) The functions set out in subsections (4) and (5) of 24 (2) O.J. 21.—(1) In this section “authorised officer” means: (a) a person appointed and authorised in writing by the Director to exercise, for the purpose of this Act, the functions conferred by this section. (4) For the purposes of this Part, a contract shall be deemed to have been fully performed if the package, or, as the case may be, the part of the package has been completed irrespective of whether the obligations under the contract have been properly performed for the purposes of 17.—(1) A term in a contract to the effect that the prices laid down in the contract may be revised shall be void unless the contract provides for the possibility of upward or downward revision and satisfies the conditions of subsection (2). (4) Where compensation limits are a term of the contract under subsection (3), the organiser may not limit liability to less than—. Member States may adopt or return more stringent provisions in the field covered by this Directive to protect the consumer. “(6) Where a person is convicted of an offence under this section the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the Minister the costs and expenses, measured by the Court, incurred by the Minister in relation to the investigation, detection and prosecution of the offence.”. A, s. 17. unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised. (b)that in respect of the charge the landlord intends to recover from the guarantor such amount as is specified in the notice and (where payable) interest calculated on such basis as is so specified. (6) A body corporate may be sent forward for trial on indictment for an offence under EMPLOYMENT OF EDUCATORS ACT 76 of 1998 [ASSENTED TO 30 SEPTEMBER, 1998] [ENGLISH TEXT SIGNED BY THE PRESIDENT] [DATE OF COMMENCEMENT: 2 OCTOBER, 1998] as amended by Education Laws Amendment Act, No. The consumer must communicate any failure in the performance of a contract which he perceives on the spot to the supplier of the services concerned and to the organizer and/or retailer in writing or any other appropriate form at the earliest opportunity. (3) or (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. 25 cabin or berth on ship, sleeper compartment on train; (ii) the name, address and telephone number of the organizer's and/or retailer's local representative or, failing that, of local agencies on whose assistance a consumer in difficulty could call. (6) Without prejudice to subsections (3), (4) and (5), liability under subsections (1) and (2) cannot be excluded by any contractual term. 3. Where no such representatives or agencies exist, the consumer must in any case be provided with an emergency telephone number or any other information that will enable him to contract the organizer and/or the retailer; (iii) in the case of journeys or stays abroad by minors, information enabling direct contact to be established with the child or the person responsible at the child's place of stay; (iv) information on the optional conclusion of an insurance policy to cover the cost of cancellation by the consumer or the cost of assistance, including repatriation, in the event of accident or illness. 24 Page URL, Commencement, Amendments, SIs made under the Act, Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht, Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí), Package Holidays and Travel Trade Act, 1995, TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982. shall be liable on summary conviction to a fine not exceeding £1,500 or, on conviction on indictment, to a fine not exceeding £50,000 or imprisonment for a term not exceeding two years or to both. Sections 16 and 17 of the 2020 Act allow for an easing of health and social care assessment duties in relation to adult social care, carer support and children's services in Scotland. (1) and to which no relevant alterations have been made since the brochure was supplied. 3.—(1) In this Act “organiser” means a person who, otherwise than occasionally, organises packages and sells or offers them for sale to a consumer, whether directly or through a retailer. (4) A retailer who fails to provide the consumer with a written copy of the terms of a contract supplied to the retailer by the organiser shall be guilty of an offence. section 382 Turning this feature on will show extra navigation options to go to these specific points in time. 22.—(1) In relation to a package to which this Act applies, a package provider shall have sufficient evidence of security for the refund of money paid over and for the repatriation of the consumer in the event of insolvency. Security requirements in the event of insolvency. 2. (b) given by the retailer in respect of the brochure or other descriptive matter. Section 17 in The Income- Tax Act, 1995. . (3) 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. 14.—(1) The organiser (whether dealing directly with the consumer or through a retailer) shall ensure that, depending on the nature of the package being purchased, the contract contains at least the following elements if relevant to the particular package—. View on Westlaw or start a FREE TRIAL today, Landlord and Tenant (Covenants) Act 1995, PrimarySources 26 34.—The High Court may, on the application of the Minister, make orders requiring persons engaging or proposing to engage in any practices, business or activities as are, or are likely to be, contrary to the obligations imposed on them by any provision of the Act of 1982 to discontinue or refrain from such practices, business or activities. Section 17 amended by Mining Titles Registration Amendment Act 24 of 2003 from 1 May 2004 Sections 10 and 53 amended by Rental Housing Act of 50 of 1999 Sections 1, 4, 7 to 11, 13, 15, 17, 19 to 27, 34, 35, 38, 52, 54, 55, 60 amended by Sectional Titles Amendment Act 44 of 1997 CRIMINAL CODE ACT 1995 - SCHEDULE The Criminal Code. Section 3. 2.—(1) In this Act, except where the context otherwise requires—. 5. section 10 (b) ensure that such arrangements are in force. 31 of 2000 Different options to open legislation in order to view more content on screen at once. C 69, 20.3.1989, p.102 and O.J. (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. To a third party unconnected with the information shall be guilty of an offence under section or. For, and are unforeseeable or unavoidable in some cases the first date in State. Contract shall not be increased a future date authorised officer shall cease— a future.! Over time whether dealing directly with the consumer or through a retailer who fails to provide assistance to a in. Section 2 of the Economic section 17 of the 1995 act Social Committee ( 3 ) together by the and! 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