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Notice of the making of this Statutory Instrument was published in
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“Iris Oifigiúil” of 13th December, 2022.
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The Commission for Aviation Regulation, in exercise of the powers conferred on it by
sections 18
and
25
of the
Transport (Tour Operators and Travel Agents) Act, 1982
(No. 3 of 1982), pursuant to
section 9
of the
Aviation Regulation Act, 2001
(No. 1 of 2001), hereby makes the following regulations:
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1. These Regulations may be cited as the Transport (Tour Operators and Travel Agents) Act, 1982, (Disbursements from Fund) Regulations, 2022.
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2. In these Regulations, “the Regulations of 2021” mean the
Transport (Tour Operators and Travel Agents) Act, 1982
, (Disbursements from Fund) Regulations, 2021, S.I. 105 of 2021.
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3. Regulation 3 of the Regulations of 2021 is amended by the substitution of the following Regulation for Regulation 3
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“3(i). 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.
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(ii)No Refund Credit Note shall be issued by a tour operator or travel agent after 31 December 2022.
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(iii) No payments from the Fund may be made to a customer who holds a Refund Credit Note after 31 December 2024.”
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4. Regulation 4 of the Regulations of 2021 is amended by the substitution of the following Regulation for Regulation 4
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“4(i). A refund credit note issued before 31 December 2022 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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(ii) A refund credit note issued after 31 December 2022 shall be regarded as 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 apply to a refund credit note.”
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GIVEN under the seal of the Commission for Aviation Regulation,
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9 December, 2022.
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DAVID HODNETT,
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Deputy Commissioner.
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