Civil Aviation (Identity of Air Carrier) Order, 2007

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,108, 31 ta’ Lulju, 2007

L.N. 205 of 2007

CIVIL AVIATION ACT

(CAP. 232)

Civil Aviation (Identity of Air Carrier) Order, 2007

IN exercise of the powers conferred by article 3 of the Civil

Aviation Act, the Minister for Competitiveness and Communications

has made the following Order>-

The title of this Order is the Civil Aviation (Identity of Air Title.

Carrier) Order 2007.

In this Order, unless the context requires otherwise

Interpretation.

“air carrier” means an air transport undertaking with a valid

air service licence or equivalent<

“contract of carriage” means a contract for or including air

transport services, including one where the carriage is composed

of two or more flights operated by the same or different air carriers<

“air carriage contractor” means the carrier which concludes a

contract of carriage with a passenger or, where the contract

comprises a package, the tour operator. Any ticket seller shall

also be deemed an air carriage contractor<

“the Community” means the European Union<

“Community List” means the List of air carriers that are

subject to an operating ban within the Community as set out by

Regulation (EC) No. 2111⁄2005<

“Directive 90⁄314⁄EEC” means the Council Directive of 13

June 1990 on package travel, package holidays and package tours<

“Director” means the Director of Civil Aviation and, to the

extent of the authority given, any person authorised in that behalf

by the Director<

“EC Regulation 261⁄2004” means the European Parliament

and Council Regulation of 11 February 2004 establishing common

rules on compensation and assistance to passengers in the event of

denied boarding and of cancellation or long delay of flights< and

repealing Regulation (EC) No 295⁄91<

“operating air carrier” means an air carrier that performs or

intends to perform a flight under a contract of carriage with a

passenger, or on behalf of another person, legal or natural, having

a contract of carriage with that passenger<

“operating ban” means the refusal, suspension, revocation or

restriction of an air carrier’s operating authorisation or technical

permission for safety reasons, or any equivalent safety measures

in respect of an air carrier which has no traffic rights in the

Community but whose aircraft might otherwise be operated in the

Community under a lease agreement<

“package” means those services defined in Article 2(1) of

Directive 90⁄314⁄EEC<

“Regulation EEC No. 2299⁄89” means Council Regulation

(EEC) No. 2299⁄89 of 24 July 1989 on a Code of conduct for

Computerised Reservation Systems<

“reservation” means the fact that the passenger has a ticket

or other proof, which indicates that the reservation has been

accepted and registered by the air carriage contractor<

“ticket seller” means the seller of an air ticket who arranges a

contract of carriage with a passenger, whether for a flight on its

own or as part of a package, other than an air carrier or a tour

operator.

(1) The provisions of this Order shall apply to the carriage

of passengers by air, when the flight is part of a contract of carriage and

that carriage started from a Member State of the Community, and

(a) the flight departs from an airport in Malta, or

(b) the flight departs from an airport in a non-Community

country and arrives in Malta, or

(c) the flight is operated by a Maltese air carrier and departs

from an airport in a third country to another such airport.

(2) The provisions of sub-article (1) hereof shall apply to

both scheduled and non-scheduled flights irrespectively of whether the

flight is part of a package or otherwise.

(1) The air carriage contractor shall upon making a Obligations of air

carriage contractor

reservation for a passenger inform him of the identity of the operating and ticket seller

air carrier or carriers, whatever the means used to make the reservation.

(2) When the identity of the operating air carrier is not yet

known at the time of reservation, the air carriage contractor shall ensure

that the passenger is informed of the name or names of the air carrier or

carriers that is or are likely to act as operating air carrier or carriers on

the flight or flights concerned. In such case the air carriage contractor

shall ensure that the passenger is informed of the identity of the operating

air carrier or carriers as soon as their identity is established.

(3) Wherever the operating air carrier or carriers is or are

changed after reservation, the air carriage contractor shall, irrespective

of the reason of the change, take immediately all appropriate steps to

ensure that the passenger is informed of the change as soon as possible.

In all cases, passengers shall be informed at check-in, or on boarding

where no check-in is required for a connecting flight.

(4) The air carrier or the tour operator, as the case may be,

shall ensure that the relevant air carriage contractor is informed of the

identity of the operating air carrier or carriers as soon as this is known,

in particular in the event of a change of such identity.

(5) The obligation of the air carriage contractor to inform

passengers of the identity of the operating air carrier or carriers shall be

specified in the general terms of sale applicable to the contract of

carriage.

(1) In cases where EC Regulation 261⁄2004, does not apply, Rights under EC

Regulation

and

261⁄2004

(a) the operating air carrier notified to the passenger has

been entered on the Community list and is subject to an operating

ban which has led to the cancellation of the flight concerned, or

which would have led to such cancellation if the flight concerned

had been operated in the Community< or

(b) the operating air carrier notified to the passenger has

been replaced by another operating air carrier which has been

entered on the Community list and is subject to an operating ban

which has led to the cancellation of the flight concerned, or which

would have led to such cancellation if the flight concerned had

been operated in the Community,

the air carriage contractor which is party to the contract of carriage

shall offer the passenger the right to reimbursement or re-routing in

accordance with Article 8 of EC Regulation 261⁄2004, provided that,

when the flight has not been cancelled, the passenger has chosen not to

take that flight.

(2) Sub-article (1) hereof shall apply without prejudice to

the provisions of Article 13 of Regulation (EC) No 261⁄2004.

Nothing in this Order shall affect the rights of passengers under

the provisions of Directive 90#314#EEC and Regulation EEC No.

Regulation EEC No. 2299#89.

(1) In the event that an air carriage contractor does not

Proof of compliance

comply with the provisions of article 4 hereof and a passenger makes a

complaint in that sense to the Director, it shall be for the air carriage

contractor to prove that compliance with the provisions of article 4 was

effected and it shall be a defence for that air carriage contractor to show

that he took all reasonable steps to avoid committing the offence.

(2) An air carriage contractor shall not be entitled to rely on

the defence provided by sub-article (1) by reason of his reliance on

information supplied by another, unless the air carriage contractor against

whom proceedings have been commenced demonstrates that it was

reasonable in all the circumstances to have relied on the information in

question.

(3) If a ticket seller has not been informed of the identity of

the operating air carrier, he shall not be responsible for not complying

with the obligations provided for in this sub-article.

An air carriage contractor, who does not comply with sub-

articles (1), (2), (3) and (5) of article 4 shall be deemed to be in

contravention of the Order.

A person who contravenes any provisions of this Order shall

on summary conviction be liable to a fine (multa) of not less than Lm100

and not more than Lm500.

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

Lm0.08 (€0.19)