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Travel Agencies and Hotel Services Regulations, 1980

18 Articles / Provisions · Malta
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Table of Provisions (18)

Statutory Text (18 Articles)

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

L.N. 41 of 1980

TRA VEL AGENCIES AND HOTEL SERVICES ACT, 1976

(ACT NO. XXIII OF 1976)

Travel Agencies and Hotel Services Regulations, 1980

IN exercise of the powers conferred by section 14 of the Travel

Agencies and Hotel Services Act, 1976, the Minister of Tourism, with

the concurrence of the Minister of Finance, Customs and People's

Financial Investments, has made the following regu1ations

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

These regu1ations may be cited as the Travel Agencies and

Hote1 Services Regu1ations, 1980.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

(Regulation 3)

TRAVEL AGENCIES AND HOTEL SERVICES ACT, 1976

(ACT NO. XXIII OF 1976)

Travel Agencies and Hotel Services Regulations, 1980

Application for the GrantjRenewaI of a Travel Agency Licence

Part I

Application

-

l. This application is being made in accordance with and subject to the provisions

of the Travel Agencies and Hotel Services Act, 1976 and the regulations made

thereunder.

Part II - Particulars of Applicant

(i)

Full name and surname -

2. (iD

Date of Birth

(iii)

Father's name

(iv)

Residential address -

.

(v)

Nationality

' "

(vi)

Identity Card Number

.

Work Book Number

(vii)

.

and date of issue

. .

Part III

Other Particulars

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3. (i)

Trade name of agency

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(ii)

Principal place of business

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

(a)

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Telephone No. .

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(b)

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B

(c)

t ...................................... .

Annual renta! value of premises

Other additional places of business

(jii)

l

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Rental

Puti Address

Telephone

Annual

No.

I

Number

Value

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f.

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(Note

May be continued on separate sheet if necessary)

Licence la st issued

(iv)

No . .............................

Date

.

Number of employees

4. Others

Self-Employed

Category

FuIl Time

Part Time

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Managerial

(i)

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Clerical

(ii)

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Couriers

(iii)

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Guides

(iv)

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(v)

Unski1led

(vi)

Other

Total

B

Part IV - Declaration by Applicant

5. 1. the undersigned, dec1are for all intents and purposes of the law that this

application is being made -

(a)*

in my own name and on my own behalf;

(b)*

on behalf and as the authorised representative of (name and address)

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and in whose name the licence is to be issued;

and that to the best of my knowledge and belief the particulars given above are correct.

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Date

Signature of App1icant

Delete as necessary

*

(Note: In the case of (b). if the application is made in the name and on behalf of

a commercial partnership, a certificate of registration issued by the Registrar of Part­

nerships is to be produced with the first application for the grant of the licence. In the

case of subsidiaries. the name of the holding Company is also to be stated).

Stamp

Duty

2c5

FOR OFFICE USE

1. For completion by Cashier -

Cashier's

Receipt

Amount

Date

Fee Paid

Signature

Number

f.

-

With first application for issue

*

of licence

*

For licence issued

for renewal

With application

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*

of licence

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\.

----

*

For renewal of licence

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B

2. Ministerial Approval -

The issue* /renewal* of licence as requested by applicant is hereby authorised.

Date

Minister

3. Entry in Records -

Licence issued/renewed on (date) ...........................................................

.

under Registration Number ....................................... and office records endorsed

accordingly.

Date

Signature of Recording Officer

Delete as necessary

*

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

In these regulations, unless the context otherwise requires

-

"Act" means the

Trave1 Agencies and

Hote1 Services Act,

1976;

"agency" means any place from where a person holding a

valid licence for the purpose, carries on the business of trave1 agent

irrespective of whether such person is so operating in his own name

or on behalf of another person;

"inspecting officer" means any person acting under the written

authority of the Minister in terms of section 11 of the Act.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

(Regulation 4)

TRA VEL AGENCIES AND HOTEL SERVICES ACT, 1976

(ACT NO. XXIII OF 1976)

Travel Agencies and Hotel Services Regulations, 1980

Licence for a Travel Agency

Date of Issue .............................

Registration No. . .. ...

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Receipt No . ................................

Fee Paid: ...................................

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son of

l.

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and residing at

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is hereby licensed in his own name/on behalf and in representation of ....................

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...... .. . ...... . , '" .... , .............. to carry on the business of a Travel Agent at the place/s

indicated hereunder, subject to the provisions of the Travel Agencies and Hotel Services

Act, 1976 and of the regulations made there under from time to time and with which the

licence holder is at all times presumed to be conversant.

2. This licence is neither transferable nor assignable; its validity expires on the

31 st Decem ber, .......... and does not exempt the licence holder from obtaining any

other permits or licences required to be issued and held under any other law for the

time being in force.

B

3. The licence covers the following premises only; the first listed is the one

dec1ared by the licence holder as being the principal place of business wherefrom he

operates

(a)

(b)

(c)

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(d)

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(e)

Minister

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

Applications for the grant or renewa1 of a licence under the Application

Act shall be made to the Minister on the form set out in the First form.

Schedule to these regu1ations on payment of the re1ative fee as specified

in Part I of the Third Schedu1e to these regulations.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

(Regulation 5)

TRAVEL AGENCIES AND HOTEL SERVICES ACT, 1976

(ACT NO. XXIII OF 1976)

Travel Agencies and Hotel Services Regulations, 1980

AppHcation and Licence Fees payable in respect of Travel Agencies

Par! I

Application Fees

-

A

For each application for the grant of a licence

n.50,0

-

B

f 1.00,0

For each application for the renewal of a licence

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B 1 36

Part II - Fees due on first issue of a licence and on renewal thereof annually thereafter

._-

LICENSED PREMISES

_---

LOCALITY

- --_

categor

Category B

Category C

��

l_

_

PACEVILLE

BDĠIB BA

OTHER

.

I

I MELLI EĦA

�

Where the

ST. JULIANS

LOCALITIES

_

declared

I

SLIEMA

-

ST.PA

UL'S

BAY

(including Gozo)

annual rental

I

VALLETTA

value of the

_

premises

.

.

Rate of Licence Fee for each premises

_

-

_

'

I

'li

.

I

i Per centum

Per centum

�

Per centum

' ____ !

I

of

Renta!

Minimum

of

Renta!

Minimum

of

Rental

Minimum

1-------

�

I

I

1 _

V,lu,

V'lli,

al ue

-l- I exceed

-

_

does no!

I

!1O 1

__

f10 I

f10

f

_

-

�

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2 \ Exce_-ds f100

!

but not f200

fI5

Eight! '

flO

Six

flO

Ten

�---

I

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--1---

1---'---1 -·-

3 I Exceeds

f200

---

-

--�

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; but not 000

f25

Eight

f20

Six

f1 0

Ten

�4--i ;���e- � - - -t -�-!-�-g-- l- - T en-- I--f- - 3 5- - -E- �- - : -� - -r--S- -. -f-

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-

5 I Exceeds f400

-

.

.

-

-

t

bu

Six

f _ 3 0

o

t

E

n

f

f

f40

i.

l_ _ _ _ _ _ _

____

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Exceeds f500

_

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_b_u_t n_o t _ _f_ _

x _

f

E t

T e

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II

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j�� _ [_� � _

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7 Exceeds f600

__

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f60 i Six _

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but not f800

i

f70

Ten

Eight

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-

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- : - i- -8- - 1 -- -

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8 E xceed

I

S f: 80

f7 5

Six

f55

ht

f 5

e

�-�--�

Part III

Fees for Certified copies of a licence

--

A. For the first two copies ...

fI

per copy

50c per copy

B.

For each additional copy

...

, [ninrmation

mod-Dipartiment

ta'

Published

by

Ihe

IflP"bblik.,

l-Informazzjoni

Deparllll""1

--

"

Stampat fl-U.C.S. - Stamperija tal-Gvern - - Prin!ed 01

Iile

C.O.S

Governmelll

Prinlillll Pre.s

-

-

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

Every licence shaB be in the form set out in the Second Sche-

dule to these regu1ations and shall invariab1y expire on the thirty-first

day of December next following the date of issue or renewal.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

(l) There shali be paid to the Minister in respect of every

licence issued or renewed under the Act and in accordance with these

regulations, the re1ative fee as specified in Part II of the Third Schedule

to these regu1ations.

(2) There shall a!so be paid to the Minister in respect of cer­

tified copies of a licence issued for the purpose of section 7(2) of the

Act, th� relative fee as specified in Part III of the Third Schedule to

these regulations.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

It shall be an implied condition for the granting of such

licence that app1icant shall have obtained and be in possessio:n of any

other pennits or licences required to be issued and held under any

other law for the time being in force.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

If, at any time during the va1idity period of a licence, any cir-

Change of

cumstance which determined the granting of such a licence ceases to

exist, the licence holder shall immediately notify the Minister in writing

to that effect, retuming at the same time the licence for cancel1ation

and withdrawal or replacement as the case may be.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

In every advertisement of whatever kind, or in any publication,

leaflet, brochure or broadcast and in any reference whatsoever to :m

agency, the licence holder shall invariably cause it to be c1ear1y stated

that such agency is duly licensed by the Minister to operate as such.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

No licence ho1der shall unreasonably refuse any request made

by a bona fide person to use the services of the agency, nor shall he

attach any unreasonable condition to the provision of such services.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

(l) Customers making use of the services of a licence holder

shall be furnished with a bill showing services rendered as per agreed

terms and, on settlement of the bill, with a receipt properly dated and

signed.

(2) For the purpose of the last preceding paragraph, every

bill so made and every receipt so given shall be deemed to have been

so made and so given by or on beha!f of the licence holder.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

Besides proper books of account as laid down in section 10 of

the Act, and such other records as are normally expected to be kept by

virtue of the functions of a trave1 agency, it shall be the duty of a

licence holder to keep -

(a) a duplicate of each and every allocation form relating to

services contracted and to which reference is made in section 19 of

the Act; and

(b) a duplicate of each and every bill and receipt issued as

stated in paragraph ( l ) of the la st preceding regulation,

and to make such documents readily available for inspection at any

time as may be reasonably required by the Minister in terms of section

11 of the Act.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

A licence holder or his representative shall afford to an

inspecting officer every reasonable fa � ility required by him for the pro­

per exercise of the powers mentioned in section 11 ( l ) of the Act

Provided that a licence ho1der shall not be required to comply

with the provisions of the preceding paragraph unless the inspecting

officer produces the Minister's written authorisation and his Identity

Card.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

No person shall act in collusion with a person engaged in the

business of hotelier, guest house keeper, holiday premises keeper, tour

operator, or with any other person, in any matter relating to such

business, to the prejudice of a person making use of the services of an

agency.

Malta Government Gazette — Legal Notice 1980 41 — Travel Agencies and Hotel Services Regulations, 1980

Saving any higher punishment which is provided under the

Act, any person -

(a) who contravenes regulation 12 of these regulations shall

be guilty of an offence and shall be liable, on conviction, to a fine

(multa) not exceeding one hundred pounds or to imprisonment not

exceeding three months, or to both such fine and imprisonment;

(b) who contravenes any other provision of these regulations

shall be gui1ty of an offence and shall be liable, on conviction, to a

fine (multa) of not less than two hundred pounds but not exceeding

five hundred pounds or to imprisonment not exceeding one month,

or to both such fine and imprisonment,

B

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