(b) that the consumer will inform the organiser or the retailer (as appropriate, in the light of the organiser's instructions) of the decision as soon as possible. (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 … The local authority may provide accommodation by placing the child with a family, other than his or her own family within the meaning of the Act, a relative of the child or any other suitable person; placing him or her in a residential establish-ment … (a) a reference to a section or a Part is a reference to a section or a Part of this Act unless it is indicated that a reference to some other enactment is intended; (b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended. 30.—Section 13 (4) of the Act of 1982 is hereby amended by the substitution for paragraph (d) of the following paragraph: “(d) to defray any reasonable expenses incurred by the Minister or, as the case may be, the person nominated or approved of by the Minister as trustee, or provide for any payments to the Minister or trustee on behalf of a customer of a tour operator or travel agent in respect of an overseas travel contract which could not be completed by reason of the inability or failure of the tour operator or travel agent to meet his financial or contractual obligations in relation to such overseas travel contract.”. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. (a) in the case of an adult, an amount equal to double the inclusive price of the package to the adult concerned. Whereas one of the main objectives of the Community is to complete the internal market, of which the tourist sector is an essential part; Whereas the national laws of Member States concerning package travel, package holidays and package tours, hereinafter referred to as ‘packages’, show many disparities and national practices in this field are markedly different, which gives rise to obstacles to the freedom to provide services in respect of packages and distortions of competition amongst operators established in different Member States; Whereas the establishment of common rules on packages will contribute to the elimination of these obstacles and thereby to the achievement of a common market in services, thus enabling operators established in one Member State to offer their services in other Member States and Community consumers to benefit from comparable conditions when buying a package in any Member State; Whereas paragraph 36 (b) of the Annex to the Council resolution of 19 May 1981 on a second programme of the European Economic Community for a consumer protection and information policy(4) section 21 (7) In this section “authorised institution” means a person authorised under the law of a Member State to carry on the business of entering into bonds of the kind required by this section. Changes that have been made appear in the content and are referenced with annotations. In terms of s. 17 (a) of Act No. (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. “the Act of 1982” means the (3) The obligations of subsection (1) may be fulfilled by referring the intending consumer to such information contained in a brochure supplied to the intending consumer and which complies with (3) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other similar officer of such body or of any person who was purporting to act in any such capacity, that officer or person, as well as such body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first mentioned offence. Return to the latest available version by using the controls above in the What Version box. . 25 No versions before this date are available. SEC. Revised legislation carried on this site may not be fully up to date. 14 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 48 of 1999 South African Council for Educators Act, No. 6. Different options to open legislation in order to view more content on screen at once. 22 (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. . Access essential accompanying documents and information for this legislation item from this tab. (1) and to which no relevant alterations have been made since the brochure was supplied. (c) defray any expenses necessarily incurred by the approved body. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (3)Where a person (“the guarantor”) has agreed to guarantee the performance by the former tenant of such a covenant as is mentioned in subsection (1), the guarantor shall not be liable under the agreement to pay any amount in respect of any fixed charge payable under the covenant unless, within the period of six months beginning with the date when the charge becomes due, the landlord serves on the guarantor a notice informing him—. (4) The obligations of subsection (1) may be fulfilled by—, (a) referring the consumer or intending consumer to such information contained in a brochure supplied to the consumer or intending consumer which complies with in the event of insolvency of the package provider. 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. Landlord and Tenant (Covenants) Act 1995, Section 17 is up to date with all changes known to be in force on or before 23 December 2020. Criminal Code Act 1995 . (3) Nothwithstanding the provisions of Hotel Proprietors Act, 1963 (a) in the case of an appointment made by the Minister, when the Minister revokes the appointment; (b) in the case of an appointment made by the Director, when the Director revokes the appointment; (c) where it is for a fixed period, upon the expiry of that period; or. Extent and financial limits of liability. (6) It shall be the duty of an approved body to ensure that there are adequate arrangements for the repatriation of the consumer in the event of the insolvency of a package provider who is a member of that approved body. Section 17 of the Children Act 1989 states that it is the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need; and so far as it is consistent with that duty, to promote the upbringing of such children by their families. 26 Section 17: replaced, on 18 March 2019, by section 10 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5). 1. (i) transport costs, including the cost of fuel, (ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or. Amendment of section 2 of the Act of 1982. (2) The submission of separate accounts for different components of the package shall not cause the arrangements to be other than a package for the purpose of this Act. any amount payable under a tenant covenant of the tenancy providing for the payment of a liquidated sum in the event of a failure to comply with any such covenant; “landlord”, in relation to a fixed charge, includes any person who has a right to enforce payment of the charge. The local authority must do this by providing a range and level of services appropriate to those children's needs. (6) Without prejudice to subsections (3), (4) and (5), liability under subsections (1) and (2) cannot be excluded by any contractual term. 2. In such a case, he shall be entitled, if appropriate, to be compensated by either the organizer or the retailer, whichever the relevant Member State's law requires, for non-performance of the contract, except where: (i) cancellation is on the grounds that the number of persons enrolled for the package is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the package description; or. “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. 38 of 1994.] ‘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. an act to enable effect to be given to council directive no. When a brochure is made available to the consumer, it shall indicate in a legible, comprehensible and accurate manner both the price and adequate information concerning: (b) the type of accommodation, its location, category or degree of comfort and its main features, its approval and tourist classification under the rules of the host Member State concerned; (e) general information on passport and visa requirements for nationals of the Member State or States concerned 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 time-table for payment of the balance; (g) 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. — 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. (3) or TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982 (5) In the case of a person ordinarily resident, or a body corporate established, outside the State service of documents relating to the charge may be effected by being served either on the person to be charged or on a person being a nominated agent under —(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 … the contract may, save as provided in subsection (5), include a term limiting, in accordance with subsection (4), the amount of compensation payable to the consumer. Landlord and Tenant (Covenants) Act 1995, Section 17 is up to date with all changes known to be in force on or before 04 December 2020. 20.—(1) The organiser shall be liable to the consumer 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 other suppliers of services but this shall not affect any remedy or right of action which the organiser may have against the retailer or those other suppliers of services. (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—. 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. as are determined by the Minister, after consultation with the Minister for Finance. The Parliamentary Counsel Office ... means the industrial court referred to in section 17 of the Labour Relations Act, 1956 (Act No. 1. Significant failure of performance after start of the package. or section 21 [17th july, 1995]. section 21 The separate billing of various components of the same package shall not absolve the organizer or retailer from the obligations under this Directive; 2. Act No. (2) The organiser shall be liable to the consumer for any damage caused by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of the organiser or the retailer nor to that of another supplier of services, because—. (4) Where compensation limits are a term of the contract under subsection (3), the organiser may not limit liability to less than—. 24 Produced by the Office of the Attorney General, PACKAGE HOLIDAYS AND TRAVEL TRADE ACT, 1995. Act No. (2) O.J. Member States shall bring into force the measures necessary to comply with this Directive before 31 December 1992. 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. Background. (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. 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. (ii) an event which the organiser, the retailer or the supplier of services, even with all due care, could not foresee or forestall. 1. ‘organizer’ means the person who, other than occasionally, organizes packages and sells or offers them for sale, whether directly or through a retailer; 3. 27.—Section 2(1) of the Act of 1982 is hereby amended by—. (c) unless the policy holder keeps specified records or provides the insurer with information therefrom. (5) Before a bond is given pursuant to subsection (1), the package provider shall inform an approved body of which the provider is a member of the minimum sum proposed for the purposes of that subsection and it shall be the duty of the approved body to consider whether such sum is sufficient for the purpose mentioned in that subsection and, if it does not consider that this is the case, it shall be the duty of the approved body to inform the package provider of the sum which, in the opinion of the approved body, is sufficient for that purpose. section 21 section 10 This section applies where a person (“the former tenant”) is as a result of an assignment no longer a tenant under a tenancy but—, (in the case of a tenancy which is a new tenancy) he has under an authorised guarantee agreement guaranteed the performance by his assignee of a tenant covenant of the tenancy under which any fixed charge is payable; or. . No. 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. (5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless the officer has obtained a warrant from the District Court authorising such entry. AN ACT TO ENABLE EFFECT TO BE GIVEN TO COUNCIL DIRECTIVE NO. 23.—(1) This section relates to a bond entered into by an authorised institution under which the institution pays to an approved body of which the package provider is a member such sum as may reasonably be expected—. (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. (b) if the package is one in respect of which the provider is required to hold a licence under the Act of 1982, and is covered by arrangements entered into for the purposes of that Act. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. to this Act; “the Director” means the Director of Consumer Affairs; “the Minister” means the Minister for Transport, Energy and Communications; “offer” includes an invitation to a person, whether by means of advertising or otherwise, to make an offer to buy a package; “organiser” has the meaning assigned to it by (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. 66 of 1995: Labour Relations Act, 1995. section 21 section 382 (b) damage caused to the consumer by the wilful misconduct or gross negligence of the organiser. Transport (Tour Operators and Travel Agents) Act, 1982. Companies Act, 1963 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. Petty Sessions (Ireland) Act, 1851 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) 3. Section 17 (a) is similar in many respects to Rule 10b-5, promulgated pursuant to Section 10 (b) of the 1934 Securities Exchange Act, and the two provisions follow roughly the same structure. 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. (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. Where the landlord has duly served a notice under subsection (2) or (3), the amount (exclusive of interest) which the former tenant or (as the case may be) the guarantor is liable to pay in respect of the fixed charge in question shall not exceed the amount specified in the notice unless—. Bonding where an approved body does not have a reserve fund or insurance. Section 25(6) 5. (a) The organizer and/or the retailer shall provide the consumer, in writing or any other appropriate form, before the contract is concluded, with general information on passport and visa requirements applicable to nationals of the Member State or States concerned and in particular on the periods for obtaining them, as well as with information on the health formalities required for the journey and the stay; (b) The organizer and/or retailer shall also provide the consumer, in writing or any other appropriate form, with the following information in good time before the start of the journey: (i) the times and places of intermediate stops, and transport connections as well as details of the place to be occupied by the traveller, e.g. (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. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Transport (Tour Operators and Travel Agents) Act, 1982 The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995. (3) or 22 They shall forthwith inform the Commission thereof. section 22 section 20 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. (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. 66 of 1995 . 4. (a) the failures which occur in the performance of the contract are attributable to the consumer, (b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable, or, (i) force majeure, that is to say, unusual and unforeseeable circumstances beyond the control of the organiser, the retailer or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised, or. Transport (Tour Operators and Travel Agents) Act, 1982 9.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. , 2. 29.—Section 8 of the Act of 1982 is hereby amended by the substitution for subsection (2) of the following: “(2) The Minister may also revoke, or vary the terms and conditions of, a licence granted under this Act if he is no longer satisfied that—, (a) the financial, business and organisational resources of the holder of the licence or any financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business for which he has been granted a licence, or, (i) the past activities of the holder of the licence or of any person employed by him or, if such licence holder is a body corporate, having regard to the past activities of any director, secretary, shareholder, officer or servant of the body corporate, or. 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. 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. If the consumer withdraws from the contract pursuant to paragraph 5, or if, for whatever cause, other than the fault of the consumer, the organizer cancels the package before the agreed date of departure, the consumer shall be entitled: (a) either to take a substitute package of equivalent or higher quality where the organizer and/or retailer is able to offer him such a substitute. could be brought under the Supreme Court Act 1995, section 17. wrong means an act or omission that— (a) gives rise to a liability in tort for which a defence of contributory negligence is available at common law; or (b) amounts to a breach of a contractual duty of care that is concurrent and coextensive with a duty of care in tort. be it enacted by the oireachtas as follows: (b) ensure that such arrangements are in force. 5.—(1) The Minister may, with the consent of the Minister for Finance, from time to time specify the scale of fees payable in respect of the approval of an approved body under sections 10 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—. (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. 33.—Section 22 of the Act of 1982 is hereby amended by the substitution for subsection (2) of the following: “(2) The provisions of 26 (c) to defray any reasonable expenses necessarily incurred by the approved body. 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