A Guide to Package Holidays
National
Consumer
Agency
Who are we?
The National Consumer Agency is an
independent national agency that was
established by the Irish government under the
Consumer Protection Act 2007.
Our activities incorporate the work that was
previously done by the Office of the Director
of Consumer Affairs (ODCA). We also have
additional areas of focus, which are outlined
below, and we have extensive new powers.
Among other things, these powers allow us to
deal with unfair, misleading or aggressive
commercial practices.
What do we do?
Our aim is to provide strong and modern
consumer protection, safeguarding
consumers in Ireland and empowering them to
understand and to exercise their rights.
To achieve our aim, we:
• inform consumers of their rights through
consumer information;
2 Consumer Helpline LoCall 1890 432 432
• promote a strong consumer culture in
Ireland through consumer education
and awareness;
• help businesses obey consumer law
through our enforcement activities; and
• represent consumer interests at all levels
of local and national consumer policy
development through targeted research
and forceful advocacy.
Our consumer website, www.consumerconnect.ie,
provides a broad range of consumer-related
information, news, top tips and an email
enquiry service. If you can’t find what you are
looking for on our website, ring our friendly
and helpful advisors on LoCall 1890 432 432.
Our corporate website, www.nca.ie, helps
businesses understand their obligations.
It also provides useful references for the
media and researchers. Further information
is available in our leaflet A Guide To The
National Consumer Agency.
 1. What is a ‘package holiday’? 4
2. Where and how is a
‘package holiday’ sold? 4
3. Consumer protection 5
4. Brochures 6
5. What information must be in
the brochure? 6
6. Booking the Holiday 8
7. Paying for the holiday 8
What is bonding? 9

a guide to
8.
9. Cancelling or Transferring a Holiday 10
10. If things go wrong 12

package holidays
We all look forward to our holidays,
whether it is a short weekend break or
a long trek to somewhere exotic. But
sometimes we end up disappointed.
When this happens we need to know
our rights.

This booklet describes the law covering

‘package holidays’, what information
should be contained in the brochure, and
what to do if things go wrong.

www.consumerconnect.ie 3
 what is
a ‘package
holiday’?
Under consumer law, a ‘package holiday’ is
defined as a pre-arranged holiday that is
sold at an inclusive price. The duration of the
holiday must be for at least 24 hours (or
include an overnight stay) and has at least
two of the following:
• travel or transport;
• accommodation (for example hotel or
apartment); and
• a tourist service or activity (for example
golf or hill-walking) not directly linked to
transport or accommodation, but which
makes up a large part of the package.
However, if you ask a tour operator or
travel agent to organise a trip to meet your
specific needs, this is not regarded as a
package holiday.
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The law says that a ‘package holiday’ is a
holiday that is arranged in advance and
includes the cost of the entire holiday. This
means that if you book a flight from an
airline's website and then book your
accommodation from a link on that website,
you are not booking a package holiday as
defined in the Act.
Where and how is a ‘package
holiday’ sold?
A package holiday is usually sold by a tour
operator or by a retailer. The tour operator
puts the package together and the retailer
(almost always a travel agent) then sells it to
the public. Most package holidays are sold to
consumers by retailers or travel agents or
directly by the tour operator.
Consumer protection
The legislation governing the sale of package
holidays is called the Package Holidays &
Travel Trade Act, 1995. It is designed to
protect consumers who take package
holidays. It includes package holidays taken
at home in Ireland or abroad. The legislation
covers:
• holidays sold or offered for sale in Ireland;
and
• holidays sold in Ireland by companies
established outside the country.
The law covers the services offered to the
consumer by both the tour operator and the
travel agent.
Under consumer law, the tour operator (not
the retailer) is responsible for providing you
with the package holiday as outlined in your
contract. The legislation covers this when it
says that the tour operator is liable to you
“for the proper performance of the
obligations under the
contract, irrespective of
whether such obligations
are to be performed by
the organiser, the retailer
or any other suppliers
of services”.
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 brochures
We often choose our holiday based on the
information in the holiday brochure that the
tour operator (organiser) or retailer provides.
The law says that the information in the
brochure must not be false or misleading.
If you enter into a contract based on what
was in the brochure, you can claim damages
if the information is untrue.
What information must
be in the brochure?
The brochure must be clear and easy to
understand and must answer all the following
questions.
• how much does the holiday cost?
• what is the destination of my holiday?
• what type of transport will the tour
operator provide to get me there?
• what type of accommodation is included
and where is it located?
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• if the accommodation is in an EU Member
State, what is its official rating or tourist
classification under the rules of that
Member State? For example is it class 1,
penthouse suite; or does it have approval
or a tourist classification from the
national authorities?
• what is the meal plan, if any?
• what are the travel routes?
• are there any passport or visa
requirements?
• are there any health formalities – for
example do I need vaccinations?
• how much deposit must I pay when
booking the holiday and when must I pay
the balance of the cost of the holiday?
• can the holiday be cancelled if not enough
people sign up for it? If so, what is the
latest time for telling me that the holiday is
being cancelled?
• are there any taxes or compulsory charges? The travel agent cannot change the price
within 20 days of your departure date.
• if the tour operator has no place of
The organiser and the retailer are both
business in the State to which I am going
responsible for compensating you if you
on holidays, do they have a named agent
suffer any damage because:
in that State?
• you relied on information in the brochure;
• what arrangements does the tour operator or
have in place in case I need to be
• you relied on any other information that the
repatriated (return home unexpectedly)?
organiser or retailer provided that
• is my money secure if the holiday organiser described your holiday.
becomes insolvent (runs out of money)?
Compensation could take into account
The brochure must give consumers accurate your disappointment
and full information. Any advertising or other at the quality of
information given about the package must the holiday.
also be accurate. The travel agent may
change the price of the holiday only under
strict conditions, and only when the contract
says the price may be reduced or increased.

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 booking
the holiday
Once you have read the brochure and
selected the holiday you need to make a
booking. Your holiday booking is a contract
to buy a specific holiday. The travel agent
must give you a copy of the contract,
answering these questions.
• what is the destination of my holiday?
• how long will my holiday last?
• what type of transport will the tour
operator provide?
• what are the departure times and from
where will I depart?
• where is the accommodation and
what are its main features?
• if the accommodation is in an EU Member
State, what is its official rating or tourist
classification under the rules of that
Member State?
• what is the meal plan, if any?
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• what excursions are included?
• are there any taxes or compulsory charges?
• what happens if I want to cancel
my holiday?
• can the holiday be cancelled if not enough
people sign up for it and, if so, what
happens then?
• how do I complain if the tour operator fails
to carry out their part of the contract?
Paying for the holiday
Before paying for the holiday the operator
must tell you:
• if there are passport or visa requirements;
• if you need any special vaccinations; and
• if you must take out insurance.
You can buy your travel insurance anywhere
you like as long as it meets the minimum
level of cover that the tour operator requires.
Neither the tour operator nor the retailer can
force you to take out the insurance that they
offer. They can fulfil their obligations by
referring you to information contained in
the brochure.
The tour operator must also make clear:
• what arrangements they would make if
you had to return home unexpectedly
(be repatriated); and
• what the ‘bonding’ arrangements are
(see below).
What is bonding?
The law requires all travel agents and tour
operators in Ireland to have enough security
so that if they go out of business, your money
and booking are protected.
Operators offering transport from Ireland to
another country must be licensed by the
Commission for Aviation Regulation and
‘enter into a bond’. If they go out of business,
the Commission manages the bond and
assesses your claim for a refund, or arranges
to get you home if you are stranded abroad.
If your holiday starts in Britain or Northern
Ireland and is sold by an operator there
through an Irish travel agent, check with the
agent if there is a bonding system in place if
the operator goes out of business.
If you are booking a package holiday that
does not involve transport from Ireland to
another country, the tour operator must still
have security in place. Most tour operators
fulfil this requirement by taking out an
insurance policy.
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 cancelling or
transferring
a holiday
If the operator cancels your holiday or
significantly changes an essential part of
the holiday, including the price or type of
accommodation, they must give you the
following options:
• a replacement holiday of equivalent or
superior quality, if the tour operator can
provide this;
If the operator cancels the package because
they couldn't get the minimum number, that’s
their problem – not yours. They must write to
you telling you within the time outlined in the
contract that they are cancelling the holiday
and offer you the choice of:
• an "equivalent or superior" package, if the
tour operator can provide this; or

• a lower grade holiday, with a refund of the • a replacement package of lower quality plus
difference in price, if the operator can the price difference, if the tour operator can
provide this; or provide this; or

• a full refund. • a full refund.

Tour operators do have the right to cancel

the package due to factors outside of their
control, such as an ‘act of God’ or where
they've failed to get the number of people
required for the package to take place. But
you are still due a refund or replacement
holiday as set out above.

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Transferring a holiday
You can transfer your package holiday to
someone else if you give the operators
reasonable notice. Your brochure or contract
will usually outline how much time you have to
do this is. Where the transfer is agreed, you
and the person to whom the holiday is
transferred are jointly responsible for paying
the balance owed on the holiday and for any
other reasonable costs involved.

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 if things
go wrong
Remember, the tour operator must provide the • if you are still not satisfied when you
consumer with the holiday as outlined in the return home, write to the operator with
contract, including the services provided as part your complaint within 28 days. If they do
of the contract but by other suppliers. If you not respond within a reasonable time, send
have a complaint while on holiday you should a second letter of complaint.
follow the complaints procedures
• if you are still not satisfied and your claim
outlined in your holiday contract’s terms
is for not more than €2,000, you can take
and conditions.
the complaint to the Small Claims Court
• report the problem at once to your local
(for a fee of €9). Most package holiday
holiday rep or organiser in the area. Ask for
contracts state that claims above this limit
a complaint form and keep a copy of the
may be pursued through arbitration. Check
form that you submit.
your contract for information on this.
• the operator must compensate you if the
service provided was different from what While the National Consumer Agency
was promised. But they should also be cannot act on behalf of an individual we
given the opportunity to remedy the will investigate cases of misleading
situation, at no extra cost to you. advertising in package holiday brochures
or inadequate information given to the
• if you are still not happy, get as much
consumer before departure.
evidence as you can to support your case
(for example, take photographs or
video footage).

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In addition to any complaint you may make
directly to a tour operator (see above), write
to us at the National Consumer Agency. You
should send us copies of all relevant
documents such as booking forms, brochures
and letters of complaint. We will investigate
whether or not the tour operator has obeyed
the relevant legislation.

www.consumerconnect.ie 13
The booklet is produced by:
National Consumer Agency
4 Harcourt Road
Dublin 2

You can get copies of this booklet and all our publications by:
• downloading them from www.consumerconnnect.ie; or

• contacting our Consumer Helpline at 1890 432 432*

*Note that the rates charged for the use of 1890 (LoCall) numbers may vary among different service providers.