Package Holidays and Travel Trade Act, 1995

Liability for misleading brochures.

11.—(1) An organiser or a retailer shall not supply to a consumer a brochure or other descriptive matter concerning a package, the price of a package or any conditions applying to a contract in respect of a package which contains any false or misleading information.

(2) In any proceedings against a retailer under this section it shall be a defence to show that the retailer did not know and had no reason to suspect that the brochure or other descriptive matter concerned contained information which was false or misleading.

(3) An organiser who provides a brochure or other descriptive matter concerning a package to a consumer (whether directly or through a retailer) shall be liable to compensate the consumer for any damage caused to the consumer as a direct consequence of and attributable to the consumer's reliance on information which is false or misleading—

(a) contained in the brochure or other descriptive matter; or

(b) given by the organiser in respect of the brochure or other descriptive matter.

(4) A retailer shall be liable to compensate the consumer for any damage caused to the consumer as a direct consequence of and attributable to the consumer's reliance on information which is false or misleading—

(a) contained in any brochure or descriptive matter supplied by the retailer, or

(b) given by the retailer in respect of the brochure or other descriptive matter.