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PART II
Regulation of Travel Contract
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Brochure content.
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10.—(1) An organiser shall not make available a brochure to a possible consumer unless it indicates in a legible, comprehensible and accurate manner the price and adequate information about the following matters—
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(a) the destination and the means, characteristics and categories of transport used;
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(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;
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(c) the meal plan;
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(d) the itinerary;
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(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;
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(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;
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(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;
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(h) any tax or compulsory charge;
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(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;
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(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.
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(2) A retailer shall not supply a brochure knowing or having reasonable cause to believe that it does not comply with the requirements of subsection (1).
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(3) An organiser who contravenes subsection (1) and a retailer who contravenes subsection (2) shall be guilty of an offence.
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(4) Subject to subsections (5) and (6), where a consumer enters into a contract on the basis of information which is set out in a brochure, the particulars in the brochure (whether or not they are required by this Act to be included in the brochure) shall constitute warranties (whether express or implied as the case may be) as to the matters to which they relate.
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(5) Subsection (4) shall not apply in respect of particulars where—
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(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
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(b) changes in those particulars so contained are clearly communicated to and accepted by the other party before a contract is concluded.
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(6) Subsection (4) shall not apply in respect of particulars when the consumer and the organiser (whether directly or through a retailer) agree on or after the date on which the contract is made that those particulars should not form part of the contract.
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