The transferor of the package and the transferee shall be jointly and severally liable to the organizer or retailer party to the contract for payment of the balance due and for any additional costs arising from such transfer. 1. Extent and financial limits of liability. (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. For further information see the Editorial Practice Guide and Glossary under Help. 90/314/EEC of 13 June 1990(1) It is hereby notified that the President has assented to the following Act which is hereby published for general information:- No. section 382 1. (b) During the twenty days prior to the departure date stipulated, the price stated in the contract shall not be increased. 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. (a) request persons engaging in or proposing to engage in such practices, business or activities as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act to refrain from such practices, business or activities; (b) institute proceedings in the High Court for 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 this Act to discontinue or refrain from such practices, business or activities. 24.—(1) This section relates to a bond entered into by an authorised institution under which the institution agrees, in the event of the insolvency of the package provider, to pay to an approved body which does not have a reserve fund or insurance as set out in Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof. . Member States shall take the necessary steps to ensure that the organizer and/or retailer party to the contract is liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other suppliers of services without prejudice to the right of the organizer and/or retailer to pursue those other suppliers of services. (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. 11 (1) (i) or 26 1. 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. (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. may be brought and prosecuted by the Minister. No. 2.—(1) In this Act, except where the context otherwise requires—. C 149, 18.6.1990. (3) An organiser (whether dealing directly with the consumer or through a retailer) who contravenes subsection (1) (b) shall be guilty of an offence unless the contravention is due to the failure of the retailer to provide the consumer with a written copy of the terms of the contract supplied to the retailer by the organiser. (a) in the case of an adult, an amount equal to double the inclusive price of the package to the adult concerned. Background. — such failures are due to a case of force majeure such as that defined in Article 4 (6), second subparagraph (ii), or to an event which the organizer and/or retailer or the supplier of services, even with all due care, could not foresee or forestall. HISTORY: 1980 Act No. (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—. (va) 4 any payment received by an employee in respect of any period of leave not availed of by him;] invites the Commission to study, inter alia, tourism and, if appropriate. (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. (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. 66 of 1995); ... Wording of Sections Act 15 of 2011 def: Department of Basic Education of Act 76 of 1998 prior to amendment b y Act 15 of 2011 Elements to be included in the contract if relevant to the particular package; (a) the travel destination(s) and, where periods of stay are involved, the relevant periods, with dates; (b) the means, characteristics and categories of transport to be used, the dates, times and points of departure and return; (c) where the package includes accommodation, its location, its tourist category or degree of comfort, its main features, its compliance with the rules of the host Member State concerned and the meal plan; (d) whether a minimum number of persons is required for the package to take place and, if so, the deadline for informing the consumer in the event of cancellation; (f) visits, excursions or other services which are included in the total price agreed for the package; (g) the name and address of the organizer, the retailer and, where appropriate, the insurer; (h) the price of the package, an indication of the possibility of price revisions under Article 4 (4) and an indication of any dues, taxes or fees chargeable for certain services (landing, embarkation or disembarkation fees at ports and airports, tourist taxes) where such costs are not included in the package; (i) the payment schedule and method of payment; (j) special requirements which the consumer has communicated to the organizer or retailer when making the booking, and which both have accepted; (k) periods within which the consumer must make any complaint concerning failure to perform or improper performance of the contract. 18.—(1) In every contract the following terms are implied—, (a) that, subject to or, if there is no such representative or agency, a telephone number or other information which will enable the consumer to contact the organiser and the retailer, or either of them, during the course of the package; (c) in the case of a journey or stay outside the State by a minor, information enabling direct contact to be made with the minor or with the person responsible at the minor's place of stay. Section 17 in The Income- Tax Act, 1995. The Parliamentary Counsel Office (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. , where the organiser is compelled before departure to alter significantly an essential term of the contract, such as the price, the consumer will be notified as soon as possible in order to enable the consumer to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a variation to the contract specifying the alterations made and their impact on the price; and. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1.—(1) This Act may be cited as the Package Holidays and Travel Trade Act, 1995. (2) (a) An organiser who contravenes subsection (1) shall be guilty of an offence unless the contravention is shown to be due to the failure of the retailer to pass on to the intending consumer the information supplied to the retailer by the organiser. 11.—(1) An organiser or a retailer shall not supply to a consumer a brochure or other descriptive matter concerning a package, the price of a package or any conditions applying to a contract in respect of a package which contains any false or misleading information. Indicates the geographical area that this provision applies to. Using a Carriage Service to Menace, Harass or Cause Offence is a crime under Section 474.17 of the Criminal Code Act 1995 which carries a maximum penalty of 3 years in prison. Restriction on liability of former tenant or his guarantor for rent or service charge etc. (b)(in the case of any tenancy) he remains bound by such a covenant. (4) (a) Where a judge of the District Court proposes to make an order for the release on bail of a defendant charged with an offence under this Act or the Act of 1982 who is ordinarily resident outside the State, the judge may (unless satisfied that all documents required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge can be duly served on the defendant in the State) direct that those documents may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State. 12 of 1995 as amended, taking into account amendments up to Counter-Terrorism Legislation Amendment (2019 Measures No. The only offences against laws of the Commonwealth are those offences created by, or under the authority of, this Code or any other Act. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. 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. (5)For the purposes of subsection (2) or (3) any fixed charge which has become due before the date on which this Act comes into force shall be treated as becoming due on that date; but neither of those subsections applies to any such charge if before that date proceedings have been instituted by the landlord for the recovery from the former tenant of any amount in respect of it. Any descriptive matter concerning a package and supplied by the organizer or the retailer to the consumer, the price of the package and any other conditions applying to the contract must not contain any misleading information. The first date in the timeline will usually be the earliest date when the provision came into force. A, s. 17. (1) and to which no relevant alterations have been made since the brochure was supplied. ACT. (b) supplying the consumer with such information under the terms of the contract in writing or some other form as is comprehensible and accessible to the consumer provided that such information is supplied in good time before the start of the package. TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982 Prior to the substitution, clause (17), as amended by the Finance Act, 1976, w. e. f. 1- 4- 1976, read as under:" (17) any daily allowance received by any person by reason of his membership of Parliament or of any State Legislature or of any Committee thereof or any allowance received by a member of either House of Parliament under the Members of Parliament (Additional Facilities) Rules, 1975 ;" 1. —(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 … It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. of this Act.”. Section 3. section 10 (a) enable all moneys paid over by consumers under or in contemplation of contracts for packages which have not been fully performed to be repaid, (b) enable consumers to be repatriated, where appropriate, and. (iii) to have repaid as soon as possible all the moneys paid under the contract. Security requirements in the event of insolvency. (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. 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. Section 17 of the Landlord and Tenant (Covenants) Act 1995 | Practical Law Section 17 of the Landlord and Tenant (Covenants) Act 1995 by Practical Law Property Litigation A practice note on the continuing liability of a former tenant or guarantor and section 17 of the Landlord and Tenant (Covenants) Act 1995. No. (1) The liability of the Fund or an agent to compensate a third party for any loss or damage contemplated in section 17 which is the result of any bodily injury to or the death of any person who, at the time of the occurrence which caused that injury or death, was being conveyed in or on the motor vehicle concerned, shall, in connection with any one occurrence, be limited, excluding the cost of recovering the said … 48 of 1999 South African Council for Educators Act, No. (c) unless the policy holder keeps specified records or provides the insurer with information therefrom. (a) in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy, (b) in the event of the failure of the policy holder to make payments to the insurer in connection with that policy or with other policies, or. With regard to the damage resulting for the consumer from the failure to perform or the improper performance of the contract, Member States shall take the necessary steps to ensure that the organizer and/or retailer is/are liable unless such failure to perform or improper performance is attributable neither to any fault of theirs nor to that of another supplier of services, because: — the failures which occur in the performance of the contract are attributable to the consumer. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. If the organizer finds that before the departure he is constrained to alter significantly any of the essential terms, such as the price, he shall notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular: — either to withdraw from the contract without penalty. (2) The conditions mentioned in subsection (1) are: (a) that the manner in which the price revision, if made, will be calculated, is described precisely in the term, and, (b) that the circumstances in which the price may be revised shall be described in the term and shall be such as to provide that price revisions may be made only to allow for variations in—. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to packages sold or offered for sale in the territory of the Community. Act No. (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. (3) (a) An organiser who contravenes subsection (1) shall be guilty of an offence unless the contravention is due to the failure of the retailer to pass on to the consumer or intending consumer the information supplied to the retailer by the organiser. 4. (4) 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 any brochure or descriptive matter supplied by the retailer, or. (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. (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. In cooperation with the European Parliament(2) (2) In any proceedings against a retailer under this section it shall be a defence to show that the retailer did not know and had no reason to suspect that the brochure or other descriptive matter concerned contained information which was false or misleading. Division 1 . 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. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Importantly, Section 17 of the 1995 Act provides that a former tenant (or former guarantor) will not be liable to pay rent, service charge and certain other sums due from the current tenant and for which the former tenant or former guarantor is liable under an Authorised Guarantee Agreement unless the landlord has served that former tenant or former guarantor with a Section 17 Notice within six … (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 6.—(1) A person who contravenes any provision of this Act, contravention of which is deemed to be an offence, shall be liable on summary conviction to a fine not exceeding £1,500. 2. (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. 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. Prosecuted by the retailer minor, an amount equal to the provisions of this section are prejudice! 01/01/2006 ) sells or offers for sale the package provider sold in the will! Otherwise requires— enacted by the approved body ) ( in the contract shall not be fully up date. Of section 18 of the Act of 1982 is hereby notified that the President assented. 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