Timeshare Promotion (Licensing of OPC Representatives)

L.N. 151 of 2006

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Timeshare Promotion (Licensing of OPC Representatives)

(Amendment) Regulations, 2006

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

Travel and Tourism Services Act, the Minister for Tourism and Culture,

acting on the recommendation of the Malta Tourism Authority, has

made the following regulations>

The title of these regulations is the Timeshare Promotion Citation.

(Licensing of OPC Representatives)(Amendment) Regulations, 2006

and they shall be read and construed as one with the Timeshare L.N. 299 of 2004.

Promotion (Licensing of OPC Representatives) Regulations, 2004,

hereinafter referred to as “the principal regulations”.

For the words “Timeshare Promotion (Licensing of OPC Amends regulation

1 of the principal

Representatives) Regulations, 2004” in regulation 1 of the principal regulations.

regulations there shall be substituted the words “Timeshare and

Timeshare-like Products Promotion (Licensing of OPC Representatives)

Regulations, 2004”.

Sub-regulation (1) of regulation 3 of the principal regulations Amends

regulation 3 of

shall be amended as follows>-

the principal

regulations.

(a) immediately after the definition “the Authority”, there

shall be added the following new definition>-

“ “bond” means the amount deposited by a marketing

company to cover fines imposed by the Authority for breaches

of the regulations by the marketing company depositing the

bond and by the OPCs of the same company<”<

(b) in the definition “OPC representative”, for the words

“in the timeshare industry” there shall be substituted the words “in

the timeshare and timeshare-like products industry”<

(c) immediately after the definition “identity document”

there shall be added the following definition>

“ “off-premises system” means the marketing and

promotion of timeshare and timeshare-like products in public

areas<”<

(d) immediately after the new definition “identity

document” there shall be added the following new definition>

“ “marketing company” means the operational resort or

any of its representatives which actively market and promote

the timeshare of the same resort through the off-premises

system<”<

(e) immediately after the definition “OPC representative”

there shall be added the following definition>

“ “operational resort” means a hotel which operates units

on timeshare and is recognised as such by the Authority<”<

(f) in the definition “sale of a timeshare product” for the

words “sale of a timeshare product” there shall be substituted the

words “sale of a timeshare and timeshare-like products”<

(g) immediately after the definition “sale of timeshare

product and time-share products” as amended, there shall be added

the following new definition>-

“ “timeshare-like products” means any agreement which

includes elements of timeshare<”.

Immediately after regulation 5 of the principal regulations,

there shall be added the following new regulation>-

(1) (a) No person shall operate a marketing

company for the promotion of timeshare and timeshare-like

products unless he has previously applied for and obtained a

licence for that purpose issued by the Authority. Any such

licence shall remain valid until the thirty-first day of December

next following the date of issue and may be renewed from

year to year or for such further periods as may be specified

by the Authority.

(b) All applications for the issue of licences

to marketing companies to market and promote resorts for

timeshare and timeshare-like purposes are to be made to the

Authority.

(c) The Authority shall issue any such a licence

if it is satisfied that the applicant has submitted the information

and documentation as requested by the Authority.

(2) (a) The marketing company or its representatives

shall not market and promote an operational resort for

timeshare and timeshare-like purposes through the off-

premises system unless the OPC carrying out such activities

is licensed by the Authority.

(b) The marketing company or its representatives

marketing and promoting an operational resort for timeshare

and timeshare-like purposes through the off-premises system

shall apply to the Authority for every resort it promotes>

provided that any marketing company or its representatives

may apply for a maximum of eight OPC licences for every

resort it promotes.

(c) The marketing company shall be held

responsible by the Authority for its OPCs, whether these are

engaged on a full-time or part-time basis, to conform fully

with the provisions of these regulations and with the conditions

of their licence.

(d) The marketing company shall deposit a bond

in favour of the Authority, at a bank and an account indicated

by the Authority, for the amount of one thousand liri for every

OPC it engages.

(3) (a) The Authority shall issue a temporary licence

within three days of the application being received by the

Authority for the licensing of an OPC representative, subject

to the maximum licences established in terms of these

regulations.

(b) The Authority shall not issue an OPC licence

if it is not satisfied that the OPC>

(i) has successfully completed a training course

at a training centre approved by the Authority and is

sufficiently trained to carry out these activities in an

efficient and proper manner<

(ii) is of a good moral character and has an

acceptable educational background< and

(iii) has submitted a commitment to perform his

duties in a proper manner, to abide by the provisions of

these regulations, to adhere to the conditions of his

licence and to accept the fines and penalties indicated in

these regulations.

(4) Any OPC licensed by the Authority shall>

(a) display prominently the identity document

issued to him by the Authority, which identity document

shall be of a colour different from those of other

marketing companies and shall show the name of the

OPC and the marketing company in bold clear letters<

(b) if using a car, the OPC shall,

(i) for the last twenty five metres, approach

the tourist and public on foot<

(ii) strictly adhere to the driving code of

conduct<

(iii) not approach and contact a tourist while

the OPC is in the car<

(iv) not utilize another OPC as a driver but

shall ensure that such a driver, if utilized, waits for

him in the car<

(c) not conduct his activities in the company of

more than one other OPC in the same area<

(d) not conduct his activities within fifty metres

of another OPC marketing the same resort<

(e) show respect towards other OPCs, whether

these are engaged by the marketing company he

represents or are engaged by another marketing

company< he shall furthermore not at any time argue,

shout or engage in an argument whatsoever with any

other OPC<

(f) respect the privacy of tourists and the

responsibility of the Authority’s officials in carrying out

their duties and shall not, in any way, cause emotional

distress to any person by verbal or physical harassment

or coercion<

(g) not loiter in front of any commercial outlet

and shall not carry out his activities from inside any

commercial outlet unless so authorised by the owner of

the same outlet<

(h) not misinterpret, in any way, the operational

resort and the product he is marketing and shall provide

true and genuine information of such resort and product

to the tourist he is contacting< and

(i) be properly dressed at all times.

(5) (a) A marketing company using the services of

OPCs who are not licensed by the Authority shall become

liable to pay a penalty of one thousand liri, and may also

have the maximum number of its OPC permits reduced by

two for a period of twelve months from the day the fine has

been imposed by the Authority.

(b) The licence of a marketing company to market

and promote an operational resort shall be suspended by the

Authority if, within seven days of the order by the Authority

to reduce its OPCs by two in terms of paragraph (a) hereof,

has failed to comply with such an order.

(c) The licence of a marketing company to market

and promote an operational resort shall be suspended by the

Authority for one year, and the OPCs’ licences engaged by

the same marketing company shall be immediately withdrawn,

if it is found by the Authority that the marketing company is

utilizing its OPCs to market different resorts or products to

the resort which was approved by the Authority and under

which the OPC licences had been issued.

(d) The Authority shall impose fines for breaches

of the regulations by OPCs as indicated hereunder>

(i) for not being dressed in accordance with the

dress code approved by the Authority …………Lm100<

(ii) for not wearing an identity document or not

wearing it prominently displayed ……………Lm 200<

(iii) for being present in an area forming part of a

larger number of OPCs present in that area not so

authorised by the Authority ……………………Lm 100<

(iv) for carrying out OPC activities within a

distance not authorised by the Authority ………Lm 200<

(v) for misrepresenting the operational resort or

the product or for providing misleading information on

the resort ………………………………………Lm 200<

(vi) for utilizing cars in a manner which breaches

these regulations ………………………………Lm 500<

(vii) for arguing, shouting or engaging in an

argument whatsoever with other OPCs ………Lm 500<

(viii) for acting in an abusive manner with tourists

or with officials of the Authority ……………Lm 1000.

(6) The Authority shall>

(a) immediately suspend the licence of any OPC,

and such OPC shall not be issued with a subsequent

licence for a period of twenty four months following

such suspension if the OPC is found to have tampered

with the identity document issued by the Authority in

his name<

(b) immediately withdraw the licence of any OPC

found by the Authority to have acted in an abusive and

incorrect manner with tourists or with the officials of

the Authority or to have acted in liaison with any

unlicensed OPC<

(c) not issue a licence to a person to act as an

OPC, if that person was previously found by the

Authority to have acted as an OPC without a licence for

that purpose issued by the Authority<

(d) suspend the licence of an OPC for a period of

twelve months, if such OPC has been found by the

Authority to have breached these regulations or the

conditions of his licence for three consecutive times< and

(e) not renew the licence of any OPC who has

been found by the Authority to have carried out OPC

activities while his licence was suspended by the

Authority.

(7) (a) Any amounts withdrawn by the Authority

from the bond deposited with it by the marketing company to

cover fines imposed as per these regulations shall, within

seven days of the imposition of the fine, be replaced by the

marketing company with the same amount withdrawn by the

Authority in order that the bond deposited shall at all times

remain equivalent to the amount of one thousand liri for every

OPC engaged by the marketing company.

(b) The fines imposed by the Authority in terms

of these regulations shall, following notice in writing to the

marketing company, be withdrawn from the bond deposited

by the marketing company with the Authority unless the

marketing company or its representative shall supply proof

to the satisfaction of the Authority that the breach has not

been effected.

(c) Before withdrawing amounts from the bond

deposited with the Authority by the marketing companies to

cover fines, and before imposing fines on OPCs and marketing

companies for breaches of these regulations, the Authority

shall inform the marketing company or the OPC, as the case

may be, of its intention and shall give the marketing company

or the OPC an opportunity to make representations.

(d) If the marketing company or OPC is aggrieved

by any decision of the Authority, the marketing company or

OPC may lodge an appeal from such a decision in accordance

with the provisions of article 14(8) of the Third Schedule of

the Act, on payment of the fee set out in the Fees (Tourism)

L.N. 125 of 2002.

Regulations, 2002.”.

5. In sub-regulation (1) of regulation 10 of the principal Amends regulation

regulations, for the words “twenty-five liri”, “two hundred and fifty 10

regulations.

liri” and “two hundred liri” there shall be substituted the words “two

hundred liri”, “five hundred liri” and “five hundred liri” respectively.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press