Waterway Regulations, 2013

L.N. 360 of 2013

CONSUMER AFFAIRS ACT

(CAP. 378)

Rights of Passengers when travelling by Sea and Inland

Waterway Regulations, 2013

IN exercise of the powers conferred by article 7 of the

Consumer Affairs Act, the Minister for Social Dialogue, Consumer

Affairs and Civil Liberties, after consultation with the Consumer

Affairs Council, has made the following regulations:-

The title of these regulations is the Rights of Passengers Citation.

when travelling by Sea and Inland Waterway Regulations, 2013.

(1) For the purpose of these regulations, unless the Interpretation.

context requires otherwise -

"the Act" means the Consumer Affairs Act;

"the Competition and Consumer Appeals Tribunal" means the

Competition and Consumer Appeals Tribunal established under the Malta Cap. 510.

Competition and Consumer Affairs Authority Act;

"the Director General" means the Director General (Consumer

Affairs) as defined in the Act;

"Office for Consumer Affairs" means the Office for Consumer

Affairs within the Malta Competition and Consumer Affairs

Authority established by the Malta Competition and Consumer Cap. 510.

Affairs Authority Act;

"Regulation (EU) No. 1177/2010" means Regulation (EU) No.

1177/2010 of the European Parliament and of the Council of 24

November 2010 concerning the Rights of Passengers when travelling

by Sea and Inland Waterway and amending (EC) No. 2006/2004.

(2) The following terms, that is to say, "carrier", "passenger

service", "performing carrier", "port terminal", "travel agent", "ticket

vendor", "tour operator", "terminal operator" and "disabled person" or

"person with reduced mobility", shall have the same definition as the

one established in Regulation (EU) No. 1177/2010.

(3) Exclusively for the purposes of these regulations, Exclusive

"passengers" and "disabled persons" or "persons with reduced classification.

mobility" are classified as "consumers" according to paragraph (iii) of

the definition "consumer" in article 2 of the Act.

(1) For the purposes of Regulation (EU) No. 1177/2010,

the Director General is the designated person responsible for the

enforcement of the provisions of Regulation (EU) No. 1177/2010.

(2) In discharging his functions under these regulations, the

Director General shall have the same functions and powers prescribed

under the Act and, in particular, shall issue such order or decision, or

take such measure, as he deems appropriate in terms of the Act.

Carriers, travel agents, tour operators, ticket vendors,

terminal operators; performing carriers and port authorities shall

comply with the obligations established in Regulation (EU) No. 1177/

2010.

Any person who fails to comply with the obligations

established in Regulation (EU) No. 1177/2010 shall be guilty of an

infringement punishable by an administrative fine of not less than

four hundred and seventy euro (€470) and not exceeding forty seven

thousand euro (€47,000)

Provided that in the case of non-compliance with a

compliance order issued in terms of the Act, the Director General

may impose a daily fine of not less than one hundred and twenty euro

(€120) and not more than two hundred and thirty euro (€230) for each

day of non-compliance.

Any person who feels aggrieved by a decision, order,

administrative fine or measure imposed or taken by the Director

General, may file an appeal before the Competition and Consumer

Appeals Tribunal in terms of the Act.

Any party to an appeal to the Appeals Tribunal, including

the Director General, who feels aggrieved by a decision of the

Appeals Tribunal may, on points of law or on grounds of natural

justice, appeal to the Court of Appeal in terms of the Act.

€0.18