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Essential terms of contract.
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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—
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(a) the travel destination or destinations and, where periods of stay are involved, the relevant periods, with dates;
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(b) the means, characteristics and categories of transport to be used and the dates, times and points of departure and return;
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(c) where the package includes accommodation, its location, its tourist category (if any) or degree of comfort, its main features and, where the accommodation is to be provided in a Member State, its compliance with the laws of that Member State;
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(d) the meal plan;
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(e) 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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(f) the itinerary;
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(g) visits, excursions or other services which are included in the total price agreed for the package;
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(h) (i) the name and address of the organiser, the retailer and, where appropriate, the insurer;
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(ii) in the case of packages sold by an organiser (whether dealing directly with the consumer or through a retailer) 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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(i) the price of the package, if price revisions may be made in accordance with the terms which may be included in a contract, an indication of the possibility of such price revisions, and an indication of any dues, taxes or fees chargeable for certain services (such as landing, embarkation or disembarkation fees at ports and airports and tourist taxes) where such costs are not included in the package;
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(j) the payment schedule and method of payment;
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(k) special requirements which the consumer has communicated to the organiser or retailer when making the booking and which both have accepted;
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(l) the periods within which the consumer must make any complaint about the failure to perform or the inadequate performance of the contract provided that such periods shall not be less than twenty eight days from the date of completion of the package.
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(2) Without prejudice to the liability of the organiser under subsection (1), it shall be an express term in every contract that the consumer shall communicate at the earliest opportunity, in writing or any other appropriate form, to the supplier of the services concerned, and to the organiser or local representative, if there is one, any failure which the consumer perceives at the place where the services concerned are supplied.
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(3) The words “any other appropriate form” in subsection (2) include oral communication, provided written details of the complaint are confirmed to the organiser or the local representative if the consumer fails to obtain a satisfactory response to the complaint.
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(4) In cases of complaint the organiser or local representative shall make prompt efforts to find appropriate solutions.
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