S.I. No. 218/2020 - Transport (Tour Operators and Travel Agents) Act 1982 (Disbursements from Fund) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2020.

The Minister for Transport, Tourism and Sport, in exercise of the powers conferred on him by sections 18 and 25 of the Transport (Tour Operators and Travel Agents) Act 1982 (No. 3 of 1982), hereby makes the following regulations:

1. These Regulations may be cited as the Transport (Tour Operators and Travel Agents) Act 1982 (Disbursements from Fund) Regulations 2020.

2. In these Regulations -

“Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1982 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations;

“refund credit note” means, subject to Regulation 4, any voucher, coupon or other document or instrument, including in electronic form, issued by a tour operator or travel agent to a customer in respect of the cancellation, due to Covid-19, of an overseas travel contract.

3. Payments from the Fund may be made to a customer who holds a refund credit note where the tour operator or travel agent who issued the refund credit note is unable or fails to meet the financial or contractual obligations owed to the customer by the tour operator or travel agent pursuant to the refund credit note concerned.

4. A refund credit note is not a voucher, trading stamp or token within the meaning of Regulation 15 of the Transport (Tour Operators and Travel Agents) Act, 1982 (Claims by Customers) Regulations 1983 ( S.I. No.104 of 1983 ) and the said Regulation 15 shall not apply to a refund credit note.

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GIVEN under the Official Seal of the Minister for Transport, Tourism, and Sport,

17 June, 2020.

SHANE ROSS,

Minister for Transport, Tourism and Sport.