S.I. No. 100/1983 - Tour Operators (Licensing) Regulations, 1983.

S.I. No. 100 of 1983.

TOUR OPERATORS (LICENSING) REGULATIONS, 1983.

I, JIM MITCHELL, Minister for Transport, in exercise of the powers conferred on me by sections 7 , 12 and 25 of the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982), and, insofar as the Regulations relate to the prescription of fees and charges, with the consent of the Minister for Finance, hereby make the following regulations:—

1. These Regulations may be cited as the Tour Operators (Licensing) Regulations, 1983.

2. These Regulations shall come into operation on the 13th day of April, 1983.

3. ( a ) These Regulations shall apply to overseas travel contracts other than any such contract in respect of which the applicant is acting as agent of a carrier or of another tour operator or of a member of the public.

( b ) In any case where a person, whom the Minister has reason to believe is engaged in the business of a tour operator, purports to be trading as an agent, the Minister may require such person to provide sufficient written evidence from his principals to establish the existence of such agency.

4. In these Regulations:—

"the Act" means the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982);

"tour operator's licence" means a licence issued pursuant to section 4 of the Act;

"total turnover" means the sum total of all receipts by an applicant for a tour operator's licence during the period covered by the applicant's latest audited accounts;

"projected total turnover" means the sum total of all receipts estimated by an applicant for a tour operator's licence during the period of time in the future for which a licence is being sought;

"licensable turnover" means the total of receipts by an applicant for a tour operator's licence in respect of overseas travel contracts to which these Regulations apply during the period covered by the applicant's latest audited accounts;

"projected licensable turnover" means the total of receipts estimated by an applicant for a tour operator's licence in respect of overseas travel contracts to which these Regulations apply during the period of time in the future for which a licence is being sought;

5. An application for a tour operator's licence shall be addressed to the Secretary, Department of Transport, Kildare Street, Dublin 2.

6. ( a ) An application for a tour operator's licence shall be in the Form and contain the information specified in the First Schedule to these Regulations.

( b ) A licence issued under these Regulations shall be in the Form specified in the Second Schedule to these Regulations.

7. An application for a licence shall be accompanied by the applicant's latest accounts, duly audited and certified, covering a twelve month accounting period ending on a date not earlier than 12 months before the date of application.

8. A person who applies for a licence under section 4 of the Act may, if the Minister so directs, be required to furnish information additional to that specified in the First Schedule to these Regulations to enable the Minister to satisfy himself as to any or all of the matters specified in section 6 (3) of the Act.

9. ( a ) The amount of the fee payable on application for a tour operator's licence shall be calculated in relation to the licensable turnover of the applicant in the following manner:

( b ) In any case where the applicant for a tour operator's licence has not previously carried on business as a tour operator, the fee payable on the first application for a licence shall be calculated in relation to the applicant's projected licensable turnover and the fees payable on every subsequent application for a licence shall be calculated in relation to the applicant's licensable turnover.

( c ) Applications for amendment of a tour operator's licence shall be subject to a fee of IR£50 in each case.

10. Fees payable shall be non-refundable and shall be subject to review from time to time.

11. Any expenses incurred by the Minister arising from the application of section 11 of the Act may be charged by the Minister to the licensee and shall be reimbursed by the licensee to the Minister.

12. The Minister shall not consider an application for a licence which is incomplete or is not accompanied by the appropriate fee.

13. ( a ) The Minister shall be advised immediately of the demise, removal or resignation of any director or partner of the licensee.

( b ) Proposals for the appointment of additional directors or for changes in the directors of a company holding a licence or proposals for changes in the distribution of shares, or in the effective ownership or control of such company or of any partnership, or unincorporated body holding a licence shall be notified to the Minister either before or after, but not later than seven days after, such changes become effective.

( c ) Changes in the shareholders of a company holding a licence shall be notified to the Minister either before or after, but not later than seven days after, such change has become effective.

14. Copies of all licences held by the licensee together with any conditions attached thereto shall be displayed for the information of the public in a prominent position on all premises owned or occupied by the licensee and in which he carries on business and shall also be reproduced in all brochures and publicity material.

15. A licensee shall maintain the following books, accounts and records in his principal place of business or in such other place as may be approved of by the Minister:—

( a ) annual accounts duly audited and certified in accordance with Article 7 of these Regulations;

( b ) a record, which may be in ledger, computer or other form, of all daily receipts and expenditures, including all monies placed on deposit;

( c ) a full record of all bank lodgements and a regular and proper bank reconciliation;

( d ) copies of all contracts entered into by the licensee relevant to the business of the licensee and valid for the period of the licence;

and shall furnish copies or extracts on request by authorised officers of the Minister.

FIRST SCHEDULE.

Application for a Tour Operator's Licence

Name of Applicant ............................................................ ............................................................ ............................

Business or Trading Name ............................................................ ............................................................ .................

Registered Office ............................................................ ............................................................ ................................

Business Address ............................................................ ............................................................ ..................................

Telephone No. ............................................................ ............................................................ .....................................

hereby applies for a licence to carry on business as a tour operator, as defined in section 2 of the Transport (Tour Operators and Travel Agents) Act, 1982 for the period     to           .

The amount of IR£       being the fee payable in respect of this application is enclosed.

I, the undersigned, declare that to the best of my knowledge and belief the particulars herein given are true and complete and that there have been no changes in the financial resources, ownership and control of the business other than those notified in this form.

I also authorise the Minister, or any officer approved by him, to apply in writing to all or any of the persons or bodies specified in section 11 of this application form, and all such persons or bodies are hereby authorised to give such information as may be sought from them hereunder, for the purpose of substantiating the particulars furnished in this application.

Signature............................................................ ............................................................ ................................

Signatory's Name

(BLOCK LETTERS) ............................................................ ............................................................ ...............

On behalf of ............................................................ ............................................................ .............................

Official position ............................................................ ............................................................ .......................

Date ............................................................ ............................................................ ..........................................

This form must be signed as follows:—

(i) If the applicant is an individual, by that individual.

(ii) If the applicant is a partnership, by each of the partners.

(iii) If the applicant is a body corporate, by each of the directors.

Furnishing of False Information

The applicant's attention is drawn to the heavy penalty provisions relating to false or misleading statements for the purpose of obtaining a licence which are set out in section 20 of the Act.

This form should be returned to:

The Secretary,

Department of Transport,

Kildare Street,

Dublin 2.

Particulars to be furnished by the Applicant

SECTION 1 — OWNERSHIP AND CONTROL OF BUSINESS

State whether the applicant is a partnership, a sole owner, an unincorporated body, or a company incorporated under the Companies Acts 1963 to 1982.

(i) If a sole owner, state name in full and private address.

(ii) If a partnership, state name in full and private address of each partner.

(iii) If an unincorporated body state full name and private address of the principal officers (e.g. Chairman, Secretary and Treasurer) and trustees.

(iv) If a company incorporated under the Companies Acts:—

( a ) state the full name, private address and nationality of every member of the Board of Directors, Company Secretary and senior management personnel. Working directors should be indicated by (W);

( b ) state who are the persons or entities in real or effective ownership or control of the company;

( c ) state whether the company is a subsidiary of another company within the meaning of section 155 of the Companies Act, 1963 , and if so, give full details;

( d ) state whether the company is a holding company of any other company or companies within the meaning of section 155 of the Companies Act, 1963 , and, if so, state the name of any such company or companies;

( e ) furnish a copy of the applicant company's Memorandum and Articles of Association.

Note: If the answer to 1(iv)(c) or 1(iv)(d) is "yes", any particulars required to be furnished in relation to the applicant may also be required to be furnished in relation to any other company or companies concerned or in relation to the group of companies as a whole.

SECTION 2 — CAPITALISATION

Specify:—

(i) Authorised share capital;

(ii) Issued fully paid-up share capital

( a ) for cash

( b ) otherwise than for cash;

(iii) If any share capital is not fully paid up, give details;

(iv) Full names, private address and nationality of each shareholder and full details of shares held by each.

SECTION 3 — SHAREHOLDING IN OTHER COMPANIES

Give full details of any shareholding of more than 10% by the applicant in any other company, including shareholdings held in the name of a spouse, nominee or agent.

SECTION 4 — BORROWINGS, CREDIT ARRANGEMENTS etc.

Specify:—

(i) ( a ) overdraft facilities available (if any)

( b ) security given for the overdraft(s) (if any)

( c ) other borrowings and securities/collateral given in relation thereto.

(ii) Details of mortgages, liens, charges or other encumbrances, etc.

SECTION 5 — ASSETS

Specify:—

(i) Details of premises and whether owned, leased, rented or mortgaged.

(ii) A list of all other assets of the applicant.

SECTION 6 — EXPERIENCE.

Specify:—

(i) Details of companies, enterprises or business ventures with which the applicant was previously associated;

(ii) Details of any company, enterprise or business venture involved in bankruptcy or winding -up proceedings with which the applicant or any director, shareholder or partner was involved;

(iii) Details of any prosecutions against the applicant for fraud or embezzlement or under the Consumer Information Act, 1978 or the Sale of Goods and Supply of Services Act, 1980 and the outcome of such prosecution.

SECTION 7

State whether the application:—

(i) is a member of any trade association and, if so, indicate participation in any arrangements for the protection of clients;

(ii) is an agent for airlines members of the International Air Transport Association;

(iii) operates as a tour operator or travel agent in any other Member State of the European Community; if so, specify State involved and indicate whether applicant holds a licence, certificate, approval, or authorisation from the competent national authorities of such Member State.

SECTION 8 — LEVEL OF OPERATION AND TURNOVER

Specify:—

(i) total turnover last year;

(ii) turnover last year as agent of

( a ) carriers

( b ) other tour operators;

(iii) licensable turnover last year;

(iv) projected total turnover;

(v) projected licensable turnover;

(vi) number of seats contracted for last year;

(vii) number of passengers carried last year.

NOTE:

The term "last year" as used in (i), (ii), (iii), (vi) and (vii) above means the period covered by the audited accounts required to be submitted by the applicant.

SECTION 9 — NATURE OF BUSINESS

Applicants should enclose a copy of each current brochure and booking form and conditions and of each other brochure in draft or as published. If the applicant does not produce a brochure he should state:—

( a ) principal destinations;

( b ) type of travel, e.g. inclusive tour Summer, inclusive tour Winter, schools travel, etc.;

( c ) surface accommodation offered, e.g. hotels, self-catering, minimum accommodation, etc.;

( d ) details of price guarantees;

( e ) carriers used or to be used.

Where a brochure is not produced the applicant should furnish a copy or a clear statement of the conditions under which bookings are accepted.

SECTION 10 — PREMISES AND STAFFING

Specify:—

(i) Length of time in business;

(ii) Number of branch offices, outlets or premises with addresses and number of staff employed in each;

(iii) Indicate how or to what extent premises are publicly identified, and specify normal hours of opening;

(iv) State whether premises are used solely for the sale of travel and, if not, specify what other activity is carried on;

(v) In the case of managerial staff, give an indication of experience, competence or qualifications (e.g. financial, economic, business administration, accountancy or approved recognised third level managerial qualifications);

(vi) For other staff (clerks, sales staff, etc.) indicate the extent to which they have experience of or familiarity with normal practice in the travel industry including

( a ) tour operator booking procedures

( b ) airline booking procedures

( c ) surface carrier booking procedures

( d ) consumer legislation

( e ) basic insurance terms.

SECTION 11 — OTHER INFORMATION

Specify:—

(i) Name and address of applicant's legal representative.

(ii) Name and address of applicant's banker(s).

(iii) Name and address of applicant's auditor/accountant.

(iv) Address of applicant's principal place of business.

SECTION 12 — BONDING

Specify:—

(i) Details, evidence or confirmation of bonding arrangements (existing or proposed) to protect clients.

(ii) Details as to how bond is financed or secured or is proposed to be financed or secured.

SECTION 13 — EMERGENCY CONTACT

State name and telephone number of person to be contacted outside normal office hours or in emergency.

SECOND SCHEDULE

TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982

Tour Operator's Licence

Name ............................................................ ............................................................ ........................................................

Address............................................................ ............................................................ ......................................................

............................................................ ............................................................ ............................................................ ........

............................................................ ............................................................ ............................................................ .......

hereinafter referred to as the licensee is hereby licensed by the Minister for Transport to carry on business as a tour operator subject to the conditions set forth herein.

GENERAL CONDITIONS

1. This licence shall come into effect on ............................................................ .............................................and shall continue in force up to and including ............................................................ ....................................................

2. This licence is non-transferable.

3. (a) The Minister shall be advised immediately of the demise, removal or resignation of any director, shareholder or partner of the licensee.

( b ) proposals for the appointment of additional directors or for changes in the directors of a company holding a licence or proposals for changes in the distribution of shares, or in the effective ownership or control of such company or of any partnership, or unincorporated body holding a licence shall be notified to the Minister, either before, or after, but not later than seven days after, such changes become effective.

( c ) changes in the shareholders of a company shall be notified to the Minister either before, or after, but not later than seven days after, such changes have become effective.

4. The licensee shall notify the Minister of any new mortgages, liens, charges or other encumbrances made on the licensee during the period of validity of the licence.

5. The licensee shall comply with the provisions of the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982), and of all Orders or Regulations made thereunder.

6. The licensee shall ensure that contributions to the Travellers' Protection Fund are lodged with the Minister not later than the date provided for in the Travellers' Protection Fund Regulations, 1983 ( S.I. No. 103 of 1983 ).

7. The licensee shall not dispose of any capacity on a sub-contract basis except to another licensed tour operator.

8. Copies of this licence and the conditions attached thereto shall be displayed for the information of the public in a prominent position on all premises owned or occupied by the licensee and in which he carries on business and shall also be reproduced in all brochures and publicity material.

9. The licensee shall maintain the following books, accounts and records in his principal place of business in the State and shall make available copies or extracts on request to, and shall facilitate the entry and inspection of all such records and documentation by authorised officers of the Minister pursuant to section 11 of the Act:—

( a ) accounts, duly audited and certified, covering a twelve month accounting period ending on a date not earlier than 12 months before the date of application;

( b ) a record, which may be in ledger, computer or other form, of all daily receipts and expenditures, including all monies placed on deposit;

( c ) a full record of all bank lodgements and a regular and a proper bank reconciliation;

( d ) copies of all contracts entered into by the licensee relevant to the business of the licensee and valid for the period of the licence.

10. A breach of any of the conditions set out herein may result in the revocation of this licence.

SPECIAL CONDITIONS

An officer authorised in this behalf by the said Minister.

GIVEN under my Official Seal, this 13th day of April, 1983.

JIM MITCHELL,

Minister for Transport.

The Minister for Finance hereby consents to the making of the foregoing Regulations in so far as they relate to the prescription of fees and charges.

GIVEN under the Official Seal of the Minister for Finance, this 13th day

of April, 1983.

E. KENNAN.

A person authorised to authenticate

the Seal of the said Minister.

EXPLANATORY NOTE.

The effect of these Regulations is to introduce a system of licensing for tour operators as provided for in Part II of the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982).