Regulations, 2000

L.N.iS7 of 2000

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Package Travel, Package Holidays and Package Tours

Regulations, 2000

IN exercise of the powers conferred by article 47 of the Malta

Travel and Tourism Services Act, the Minister of Tourism acting on the

recommendation of the Malta Tourism Authority has made the following

regulations:-

1. The title of these regulations is the Package Travel, Package Citation and

Holidays and Package Tours Regulations, 2000 and shall come into commencement

force on such day as the Minister may by notice in the Gazette prescribe,

provided that different dates may be prescribed for different provisions

of these regulations.

1.

In these regulations, unless the context otherwise requires -

Interpretation.

"the Act" means the Malta Travel and Tourism Services Act;

"authorised officer" means any officer appointed and

authorised in writing by the Authority to exercise for the purpose

of these regulations, the functions conferred by these regulations;

"the Authority" means the Malta Tourism Authority;

"consumer" means the person who takes or agrees to take the

package ("the principal contractor"), or any person on whose behalf

the principal contractor agrees to purchase the package ("the other

beneficiaries") or any person to whom the principal contractor or

any of the other beneficiaries transfers the package ("the

transferee") ;

"contract" means the agreement linking the consumer to the

organiser and, or the retailer;

"Minister" means the Minister responsible for tourism;

"organiser" means the person who, other than occasionally,

organises packages and sells or offers them for sale, whether

directly or through a retailer;

"package" shall have the same meaning given to "travel

package" under the Act, provided that the separate billing of various

components of the same package shall not absolve the organiser

or retailer from his obligations under these regulations;

"retailer" means the person who sells or offers for sale the

package put together by the organiser.

1. These regulations shall apply only to packages sold or offered

for sale in Malta.

1.

No organiser or retailer shall supply to a consumer any

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.

4.2. If an organiser or retailer is in breach of the provisions of

paragraph 4.1, he shall be liable to compensate the consumer for any

loss which the consumer suffers as a result.

1. A brochure provided by the organiser or the retailer to a

consumer shall state in a legible, comprehensible and accurate manner

both the price and adequate information concerning

5.1.1. the destination and the means, characteristics and

categories of transport used;

5.1.2. the type of accommodation, its location, category or

degree of comfort and its main features, its approval and tourist

classification under the laws of the country where the

accommodation is situated;

5.1.3. the meal plan;

5.1.4. the itinerary;

5.1.5. general information on passport and visa requirements

and health formalities required for the journey and the stay;

5.1.6. either the monetary amount or the percentage of the

of the balance;

5.1.7. whether a minimum number of persons is required

for the package to take place and, if so, the deadline for informing

the consumer in the event of cancellation;

5.1.8.

any tax or compulsory charge;

5.1.9. in the case of packages offered by an organiser who

has no place of business in Malta, a nominated agent with a

permanent address ofbusiness within Malta who will accept service

on behalf of and represent the organiser in any legal proceedings;

5.1.10. in the event of insolvency of the organiser and, or

the retailer, the arrangements for security for the refund of money

paid and, where applicable, for the repatriation of the consumer.

5.2.

The provisions of paragraph 5.1 shall not apply

5.2.1. when the brochure contains an express statement that

changes may be made to the particulars contained in the brochure

before the contract is concluded and the said changes are clearly

communicated in writing to the consumer before the conclusion

of the contract; or

5.2.2. when the consumer and the other party to the contract

agree after the contract has been made, that the particulars or some

of the particulars in the brochure, should not form part of the

contract.

5.3. An organiser or a retailer who contravenes the provisions

of paragraph 5.1 shall be guilty of an offence.

1. Before the contract is concluded, the organiser, whether Infonnation to be

directly or through a retailer, shall provide the consumer with the ==i~fore the

following information in writing or some other appropriate form

concluded.

6.1.1. general information about passport and visa

requirements which apply to purchase of the package, including

information about the length of time it is likely to take to obtain

the appropriate passports and visas;

6.1.2. health formalities required by national administrations

for the journey and the stay;

6.1.3. in the event of insolvency, the arrangements for

security for the money paid over and, where applicable, for the

repatriation of the consumer.

6.2. An organiser who contravenes the provisions of paragraph

6.1, shall be guilty of an offence unless the contravention is shown to

be due to the failure of the retailer to pass on to the consumer the

information supplied to the retailer by the organiser.

6.3. A retailer who fails to provide the consumer with the

information required in paragraph 6.1 shall be guilty of offence.

1. The organiser shall, in good time before the start of the

journey, provide the consumer, whether directly or through the retailer,

in writing or in another appropriate form, with the following

7.1.1. where the package includes a transport component,

the times and places of intermediate stops and transport connections

as well as details of the place to be occupied by the traveler,

including cabin or berth on ship, sleeper compartment on train;

7.1.2.

the name, address, telephone number and e-mail

address -

7.1.2.1. of the representative of the organiser in the

locality where the consumer is to stay, or

7.1.2.2. if there is no such representative of an agency

in that locality, the person on whose assistance a consumer in

difficulty would be able to call,

or, if there is no such representative or agency, a telephone number

or other information which will enable the consumer to contact

the organiser or the retailer during the stay;

7.1.3. in the case of a journey or stay abroad by a child

under the age of sixteen years on the day when the journey or stay

is due to start, information enabling direct contact to be made with

the child or the person responsible at the place where he is to stay;

and

7.1.4 information on the optional conclusion of an

insurance policy to cover the cost of cancellation by the consumer

or the cost of assistance, including repatriation, in the event of

accident or illness.

7.2. If the consumer is not provided with the information

required under paragraph 7.1, the organiser shall be guilty of an offence

unless the contravention is due to the failure of the retailer to pass on to

the consumer the information supplied to the retailer by the organiser.

7.3. A retailer who fails to provide the consumer with the

information required under paragraph 7.1 shall be guilty of an offence.

1. The organiser, whether dealing directly with the consumer Essential terms of

or through a retailer, shall ensure that, depending on the nature of the contract.

package being purchased, the contract contains at least the following

elements

8.1.1. the travel destination or destinations and, where

periods of stay are involved, the relevant periods, with dates;

8.1.2. the means, characteristics and categories of transport

to be used and the dates, times and points of departure and return.

Where the package provides for a transit stop in another city other

than the city of destination, this must mentioned in an accurate

and clear manner;

8.1.3. where the package includes accommodation, its

location, its tourist category or degree of comfort, its main features

and its tourist classification under the laws of that country;

8.1.4.

the meal plan;

8.1.5. whether a minimum number of persons is required

for the package to take place and, if so, the latest time for informing

the consumer in the event of cancellation;

8.1.6.

the itinerary;

8.1.7. visits, excursions or other services which are included

in the total price agreed for the package;

8.1.8. the name and address of the organiser, the retailer

and where appropriate, the insurer;

8.1.9. the price of the package, if price revisions may be

made in accordance with the tenns which may be included in a

contract, an indication of the possibility of such price revisions,

and an indication of any dues, taxes or fees chargeable for certain

services (such as landing, embarkation or disembarkation fees at

airports or ports and tourist taxes) where such costs are not included

in the package;

8.1.10.

the payment schedule and method of payment;

8.1.11. special requirements which the consumer has

communicated to the organiser or retailer when making the booking

and which both have accepted;

8.1.12. the periods within which the consumer must make

any complaint about the failure to perform or the inadequate

performance of the contract.

8.2. Without prejudice to the liability of the organiser under

paragraph 8.1, it shall be an express term in every contract that the

consumer shall communicate at the earliest opportunity, in writing or

any other appropriate form, to the supplier of the services concerned,

and to the organiser or local representative, if there is one, any failure

which the consumer perceives at the place where the services are

supplied.

8.3. In cases ofcomplaint the organiser or the local representative

shall make prompt efforts to find appropriate solutions.

8.4 The words "any appropriate form" in paragraph 8.2 include

oral communication, provided written details of the complaint are

confirmed to the organiser or the local representative if the consumer

fails to obtain a satisfactory response to the complaint.

1. The organiser, whether dealing directly with the consumer

or through a retailer, shall ensure that

9.1.1. all the terms of the contract are set out in writing or

in such other form as is comprehensible and accessible to the

consumer and are communicated to him before the contract is

concluded;

9.1.2.

a written copy of these terms is supplied to the

consumer.

9.2. Paragraph 9.1.1 shall not apply in the case of a proposal by

a consumer made to the organiser or the retailer not more than fourteen

days before the date of departure under the proposed contract.

9.3. An organiser, whether dealing directly with the consumer

or through a retailer, who contravenes paragraph 9.1.2 shall be guilty of

an offence unless the contravention is due to the failure of the retailer to

provide the consumer with a written copy of the terms of the contract

supplied to the retailer by the organiser.

9.4. A retailer who fails to provide the consumer with a written

copy of the terms of a contract supplied to the retailer by the organiser

shall be guilty of an offence.

1. In every contract there shall be an implied term that where Transferof

. prevente d f rom procee d" mg WIt h t h e pac k age, t h e bookings.

t h e consumer IS

consumer may transfer his booking to a person who satisfies all the

conditions applicable to the package, provided that the consumer gives

reasonable notice of his intent to transfer the booking before the specified

departure date to the organiser or to the retailer acting on the instructions

of the organiser.

10.2. Where a transfer is made in accordance with the implied

term set out in paragraph 10.1 the transferor and the transferee shall be

jointly and severally liable to the organiser or the retailer acting on the

instructions of the organiser for payment of the price of the package or,

if the price has been paid, for payment of the balance, and for any

additional costs arising from such transfer.

1. The prices laid down in the contract shall not be subject to Price revision.

revision unless the contract expressly provides for the possibility of

upward or downward revisions and satisfies the following

11.1.1. that the contract states precisely how the revised

11.1.2. that the contract provides that price revisions are to

be made solely to allow for variations in -

11.2.2.1.

transport costs, including the cost of fuel,

11.2.2.2. dues, taxes or fees chargeable for services

such as landing taxes or embarkation or disembarkation fees

at ports and airports, or

11.2.2.3. the exchange rates which apply to the

particular package.

11.2. The price stated in the contract shall not be increased during

the twenty days prior to the stipulated departure date.

1.

In every contract there shall be implied terms to the effect Significant

~~~

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essential terms.

12.1.1. where the organiser is constrained before the

departure to alter significantly an essential term of the contract, he

will notify the consumer as quickly as possible in order to enable

him to take the appropriate decisions and in particular to withdraw

from the contract without penalty or to accept a provision in the

contract specifying the alterations made and their impact on the

12.1.2. the consumer will inform the organiser and the

retailer of his decision as soon as possible.

1. The terms set out in paragraphs 13.2 and 13.3 are implied

in every contract and apply where the consumer withdraws from the

contract pursuant to the term implied by regulation 12.1.1 or where the

organiser, for any reason other than the fault of the consumer, cancels

the package before the agreed date of departure.

13.2.

The consumer is entitled

13.2.1. to take a substitute package of equivalent or superior

quality if the other party to the contract is able to offer him such a

substitute; or

13.2.2. to take a substitute package of lower quality if the

organiser is able to offer such a replacement and to recover from

the organiser the difference in price between that of the package

purchased and the replacement package; or

13.2.3. to have repaid to him as soon as possible all the

moneys paid under the contract.

13.3. The consumer is entitled, if appropriate, to be compensated

by the organiser for non-performance of the contract by the party to

the contract except where

13.3.1. the package is cancelled because the number of

persons who agree to take it is less than the minimum number

required and the consumer is informed of the cancellation, in

writing, within the period indicated stated in the description of the

package; or

13.3.2. the package is cancelled by reason of unusual and

unforeseeable circumstances beyond the control of the organiser ,

the retailer or other supplier of services, the consequences of which

could not have been avoided even if all due care had been exercised.

13.4. Overbooking shall not be regarded as a circumstance falling

under paragraph 13.3.2.

1. The terms set out in paragraphs 14.2 and 14.3 are implied

in every contract and apply where, after departure, a significant

proportion of the services contracted for is not provided or the organiser

becomes aware that he will be unable to procure a significant proportion

of the services to be provided.

14.2. The organiser shall make suitable alternative arrangements,

at no extra cost to the consumer, for the continuation of the package

and will, where appropriate, compensate the consumer for the difference

between the services to be supplied under the contract and those supplied.

14.3. If impossible to make arrangements as described in

paragraph 14.2 or these are not accepted by the consumer on reasonable

grounds, the organiser shall, where appropriate, provide the consumer

with equivalent transport back to the place of departure or to another

return place to which the consumer has agreed and shall compensate

the consumer for the proportion of services not supplied.

1. The organiser and, or the retailer party to the contract, shall Extent and fmandaI

be liable to the consumer for the proper performance of the obligations limits of liability.

under the contract, irrespective of whether such obligations are to be

performed by the organiser, the retailer, or other suppliers of services.

This shall not affect any right of action the organiser and, or the retailer

may have against the retailer or those other suppliers of services.

15.2. The organiser and, or the retailer shall be liable to the

consumer for any damage caused by the failure to perform the contract

or the improper performance of the contract unless -

15.2.1. the failures which occur in the performance of the

contract are attributable to the consumer; or

15.2.2. such failures are attributable to a third party

unconnected with the provision of the services contracted for, and

are unforeseeable or unavoidable; or

15.2.3.

such failures are due to -

15.2.3.1. unusual and unforeseeable circumstances

beyond the control of the organiser, the retailer or other

supplier of services, the consequences of which could not

have been avoided even if all due care had been exercisedg

or

15.2.3.2. an event which the organiser, the retailer or

the supplier of services, even with all due care, could not

foresee or forestall.

15.3. In the case of damage arising from the non-performance or

improper performance of the services involved in the package, the

contract may provide for compensation to be limited in accordance with

the international conventions which govern such services.

15.4. In the case of damage other than personal injury resulting

from the non-performance or improper performance of the services

involved in the package, the contract may limit the amount of

compensation to be paid to the consumer, provided that the limitation is

not unreasonable.

15.5. Without prejudice to paragraphs 15.3 and 15.4 liability

under paragraphs 15.1 and 15.2 cannot be excluded by any contractual

term.

15.6. The contract shall clearly and explicitly require the

consumer to communicate, at the earliest opportunity, in writing or other

appropriate form, to the supplier of the services concerned and to the

other party to the contract, any failure in the performance of a contract

which he perceives at the place where the services are supplied.

15.7.

The following terms are implied in every contract -

15.7.1. that in the circumstances described in paragraphs

15.2.3.1 and 15.2.3.2 the organiser or the retailer acting on the

instructions of the organiser, will give prompt assistance to a

consumer in difficulty;

15.7.2. if the consumer complains of a defect in the

performance of the contract, the organiser or his local representative

if there is one, will make prompt efforts to find appropriate

solutions.

15.8. The provisions of section 31 ofthe Act shall also apply to

any organiser and, or any retailer to whom these regulations may apply,

even if such an operator and, or retailer does not operate a tourism

operation which requires a licence under the Act.

1.

Any person who contravenes or fails to comply with these

regulations, shall commit an offence and he shall be liable, on conviction,

to a fine (multa) of not less than Lm 100 but not exceeding Lm 1,000,

and to a fine (multa) of not less than Lm 25 and not exceeding Lm 50

for every day during which the offence continues.

16.2. If the Authority is satisfied that the organiser has repeatedly

contravened or failed to comply with these regulations, the Authority

may then suspend or decline to renew the licence of the organiser to

operate as a travel agent under the Act for a period not exceeding one

year.

16.3. Where an offence under these regulations has been

committed by a body corporate and is proved to have been committed

with the consent or connivance of, or to have been facilitated by any

neglect on the part of any director, manager, secretary or other similar

officer of such body or of any person who was purporting to act in any

such capacity, that person, as well as such body, shall be guilty of an

offence and shall be liable to be proceeded against and punished as if

he were guilty of the first mentioned offence.

1. An authorised officer may, if he has reasonable grounds Enforcement.

for suspecting that an offence has been committed under these

regulations, at all reasonable hours and on production, if required, of

his credentials, exercise the following powers, namely:-

17.1.1. inspect any goods and enter any premises other than

premises used only as a dwelling;

17.1.2. require any person engaged in the organisation or

retailing of packages to produce any books or documents relating

to the activity and take copies of, or of any entry, in any such book

or document; or require such a person to produce in a visible and

legible documentary form any information so relating which is

contained in a computer, and take copies of it;

17.1.3. seize and detain any goods or documents which may

be required as evidence in proceedings for an offence under these

regulations. In doing so the officer shall inform the person from

whom they are seized;

17.1.4. require any person engaged in the organisation or

retailing ofpackages to give any other information which the officer

may reasonably require in regard to such activity;

17.1.5. summon, at any reasonable time, any other person

employed or engaged in the organisation or retailing of packages

to give to the officer any information which the officer may

reasonably require in regard to such activity and to produce to the

officer any records which are in that person's control.

17.2. A person who obstructs or interferes with an authorised

officer in the exercise ofthe officer's functions under these regulations

or gives to an authorised officer information which is false or misleading

shall be guilty of an offence.

17.3. A person who refuses to comply with any request of an

authorised officer in the exercise of the officer's functions under these

regulations shall be guilty of an offence.