The Commission for Aviation Regulation (CAR) has updated its guidance to industry on the package travel directive in relation to business travel and retailing third-party packages/cruises.
Statutory Instruments 80 and 105 of 2019 were introduced in Ireland in March 2019 to give effect to Directive (EU) 2015/2302 on package travel and linked travel arrangements. The new note sets out the Commission’s current understanding of the changes that need to be made to the existing licensing and insolvency protection arrangements that apply in Ireland.
The note includes the following two items:
- If a tour operator or travel agent established in Ireland is not licensed by the Commission, it must have effective security in place in respect of all travel packages offered for sale/sold in any Member State (irrespective of the traveller’s place of residence, place of departure or where the package is sold). Security options are set out in Sections 23 to 25 of the Package Holidays and Travel Trade Act, 1995, as amended (including by Statutory Instruments 80 and 105 of 2019, and in particular, Regulations 20 to 22 of Statutory Instrument 80 of 2019).
- It must notify the Commission before carrying on such business in Ireland. The Commission will notify the entity when it has received sufficient information. If an insolvency occurs, the security in place will be used to protect all affected passengers. The Travellers’ Protection Fund cannot be accessed, as recourse may only be had to it by customers of licensed tour operators or travel agents established in Ireland.
The note is published here
The legislation is available here
