‘Get your ducks in a row’ – Lawyers brief Travel Centres 2025 on package holiday liabilities

John Sheehy of DAC Beachcroft Dublin told the Travel Centres 2025 conference in Naas that, under package holiday law, organisers bear responsibility for subcontractor actions regardless of fault.

A customer who books flights and accommodation through an agent and suffers injury in a Spanish hotel can sue toe Irish vendor. He noted that, even if the contract does not define the travel agent as an organiser, once two elements of the holiday are combined, such as flight and accommodation, the legislation is likely to define the vendor as liable under the directive.

The organiser will likely face proceedings in Ireland even if the injury occurs abroad, something Mr Sheehy described as an anomaly peculiar to the travel trade. He said local standards apply where the incident occurs and this can occasionally form part of the defence. Other defences may include unavoidable events or third-party actions. Contracts with indemnity clauses can be an aid to recovery from suppliers.

Insurance details matter and must be clearly defined at the booking stage. Agents must confirm supplier coverage and retain policy copies. Incident reports, witness contacts, and CCTV requests strengthen defences. He recommended early engagement with customers which can reduce escalation. Robust contracts and verified insurance limit exposure.

Key takeaways cover clear organiser status in contracts, securing indemnity agreements, verifying supplier insurance, and prompt incident documentation. Local jurisdiction standards govern liability. Proactive measures cut claim success rates.

The industry operates under strict regulations introduced in Ireland in the early 1980s. The Package Travel Directive remains consumer-focused and places liability on organisers for supplier performance. Claims against travel agents rise one-third since 2019. Damages increase following judicial guidelines. Travel agents can avoid automatic liability by proving supplier compliance with destination rules.

John Sheehy shared “You are potentially responsible for the negligence of the hotelier.“