RIGHTS OF PASSENGERS WHEN TRAVELLING BY SEA AND INLAND WATERWAY REGULATIONS

RIGHTS OF PASSENGERS WHEN TRAVELLING

BY SEA AND INLAND WATERWAY

SUBSIDIARY LEGISLATION 378.16

RIGHTS OF PASSENGERS WHEN TRAVELLING BY

SEA AND INLAND WATERWAY REGULATIONS

1st November, 2013

LEGAL NOTICE 360 of 2013, as amended by Act XVI of 2019.

The title of these regulations is the Rights of Passengers

when travelling by Sea and Inland Waterway Regulations.

(1) For the purpose of these regulations, unless the context

requires otherwise -

"the Act" means the Consumer Affairs Act;

" "Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Court (Establishment of Sections)

Order;

"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

Affairs Authority Act;

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

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

Novem ber 2 010 co ncerni ng th e Righ ts of Passen gers 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,

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

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

monitoring and the investigations with regard to the compliance with

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

(2) Except where competences are assigned to the Civil Court by

the Act or by the Malta Competition and Consumer Affairs Authority

Act, in discharging his functions under these regulations, the Director

General shall have the same powers as prescribed under the Act,

including the power to investigate and to institute judicial proceedings,

as established by the Act, before the Civil Court.

RIGHTS OF PASSENGERS WHEN TRAVELLING

BY SEA AND INLAND WATERWAY

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. 181/2011 shall be guilty of an

infringement punishable by a penalty 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 Civil Court shall

impose a daily penalty 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 judgement, order,

penalty or measure issued by the Civil Court, may appeal before the

Court of Appeal, on any point of law and, or of fact, by means of an

application filed in the registry of the Court of Appeal within

twenty days from the date of the judgment of the Civil Court

Provided that the Court of Appeal shall appoint the case for

hearing by not later than six months from the judgement of the Civil

Court.

Deleted by Act XVI.2019.72.