PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS

ARRANGEMENTS

SUBSIDIARY LEGISLATION 409.19

PACKAGE TRAVEL AND LINKED TRAVEL

ARRANGEMENTS REGULATIONS

1st July, 2018

LEGAL NOTICE 94 of 2018, as amended by Legal Notice 80 of

2020.

(1)

The title of these regulations is the Package

Travel and Linked Travel Arrangements Regulations.

(2)

The regulations transpose the provisions of Directive

2015/2302 of the European Parliament and of the Council on package

travel and linked travel arrangements, amending Regulation (EC) No

2006/2004 and Directive 2011/83/EU of the European Parliament and

of the Council and repealing Council Directive 90/314/EEC.

Part A

Standard information form for package travel contracts

where the use of hyperlinks is possible

The combination of travel services offered to you is a package

within the meaning of Directive (EU) 2015/2302 and of the Package

Travel and Linked Travel Arrangements Regulations (S.L.409.19 of

the Laws of Malta).

Therefore, you will benefit from all EU rights applying to packages.

Company XY/companies XY will be fully responsible for the proper

performance of the package as a whole.

Additionally, as required by law, company XY/companies XY has/

have protection in place to refund your payments and, where

transport is included in the package, to ensure your repatriation in

the event that it becomes/they become insolvent.

More information on key rights under Directive (EU) 2015/2302 and

the Package Travel and Linked Travel Arrangements Regulations

(S.L.409.19 of the Laws of Malta).

Following the hyperlink the traveller will receive the following

information

Key rights under Directive (EU) 2015/2302 and the Package Travel

and Linked Travel Arrangements Regulations (S.L.409.19 of the

ARRANGEMENTS

Laws of Malta)

—

Travellers will receive all essential information about

the package before concluding the package travel

contract.

—

There is always at least one trader who is liable for the

proper performance of all the travel services included in

the contract.

—

Travellers are given an emergency telephone number or

details of a contact point where they can get in touch

with the organiser or the travel agent.

—

Travellers may transfer the package to another person,

on reasonable notice and possibly subject to additional

costs.

—

The price of the package may only be increased if

specific costs rise (for instance, fuel prices) and if

expressly provided for in the contract, and in any event

not later than 20 days before the start of the package. If

the price increase exceeds 8% of the price of the

package, the traveller may terminate the contract. If the

organiser reserves the right to a price increase, the

traveller has a right to a price reduction if there is a

decrease in the relevant costs.

—

Travellers may terminate the contract without paying

any termination fee and get a full refund of any

payments if any of the essential elements of the

package, other than the price, are changed significantly.

If before the start of the package the trader responsible

for the package cancels the package, travellers are

entitled to a refund and compensation where

appropriate.

—

Travellers may terminate the contract without paying

any termination fee before the start of the package in the

event of exceptional circumstances, for instance if there

are serious security problems at the destination which

are likely to affect the package.

—

Additionally, travellers may at any time before the start

of the package terminate the contract in return for an

appropriate and justifiable termination fee.

—

If, after the start of the package, significant elements of

the package cannot be provided as agreed, suitable

alternative arrangements will have to be offered to the

ARRANGEMENTS

traveller at no extra cost. Travellers may terminate the

contract without paying any termination fee, where

services are not performed in accordance with the

contract and this substantially affects the performance

of the package and the organiser fails to remedy the

problem.

—

Travellers are also entitled to a price reduction and/or

compensation for damages where the travel services

are not performed or are improperly performed.

—

The organiser has to provide assistance if the traveller

is in difficulty.

—

If the organiser and, or where applicable the retailer

becomes insolvent, payments will be refunded. If the

organiser or, where applicable, the retailer becomes

insolvent after the start of the package and if transport

is included in the package, repatriation of the travellers

is secured. XY has taken out insolvency protection

with YZ (the entity in charge of the insolvency

protection, e.g. a guarantee fund or an insurance

company). Travellers may contact this entity or, where

applicable, the competent authority (contact details,

including name, geographical address, email and

telephone number) if services are denied because of

XY's insolvency.

justiceservices.gov.mt

Part B

Standard information form for package travel contracts in

situations other than those covered by Part A

The combination of travel services offered to you is a package

within the meaning of Directive (EU) 2015/2302 and of the Package

Travel and Linked Travel Arrangements Regulations (S.L.409.19 of

the Laws of Malta).

Therefore, you will benefit from all EU rights applying to packages.

Company XY/companies XY will be fully responsible for the proper

performance of the package as a whole.

Additionally, as required by law, company XY/companies XY has/

have protection in place to refund your payments and, where

transport is included in the package, to ensure your repatriation in

the event that it becomes/they become insolvent.

Key rights under Directive (EU) 2015/2302 and the Package Travel

and Linked Travel Arrangements Regulations (S.L.409.19 of the

ARRANGEMENTS

Laws of Malta)

—

Travellers will receive all essential information about

the package before concluding the package travel

contract.

—

There is always at least one trader who is liable for the

proper performance of all the travel services included in

the contract.

—

Travellers are given an emergency telephone number or

details of a contact point where they can get in touch

with the organiser or the travel agent.

—

Travellers may transfer the package to another person,

on reasonable notice and possibly subject to additional

costs.

—

The price of the package may only be increased if

specific costs rise (for instance fuel prices), and if

expressly provided for in the contract, and in any event

not later than 20 days before the start of the package. If

the price increase exceeds 8% of the price of the

package, the traveller may terminate the contract. If the

organiser reserves the right to a price increase, the

traveller has a right to a price reduction if there is a

decrease in the relevant costs.

—

Travellers may terminate the contract without paying

any termination fee and get a full refund of any

payments if any of the essential elements of the

package, other than the price, are changed significantly.

If before the start of the package the trader responsible

for the package cancels the package, travellers are

entitled to a refund and compensation where

appropriate.

—

Travellers may terminate the contract without paying

any termination fee before the start of the package in the

event of exceptional circumstances, for instance if there

are serious security problems at the destination which

are likely to affect the package.

—

Additionally, travellers may at any time before the start

of the package terminate the contract in return for an

appropriate and justifiable termination fee.

—

If, after the start of the package, significant elements of

the package cannot be provided as agreed, suitable

alternative arrangements will have to be offered to the

ARRANGEMENTS

traveller at no extra cost. Travellers may terminate the

contract without paying any termination fee, where

services are not performed in accordance with the

contract and this substantially affects the performance

of the package and the organiser fails to remedy the

problem.

—

Travellers are also entitled to a price reduction and/or

compensation for damages where the travel services

are not performed or are improperly performed.

—

The organiser has to provide assistance if the traveller

is in difficulty.

—

If the organiser and/or, the retailer becomes insolvent,

payments will be refunded. If the organiser and/or the

retailer becomes insolvent after the start of the package

and if transport is included in the package, repatriation

of the travellers is secured. XY has taken out

insolvency protection with YZ (the entity in charge of

the insolvency protection, e.g. a guarantee fund or an

insurance company). Travellers may contact this entity

or, where applicable, the competent authority (contact

details, including name, geographical address, email

and telephone number) if services are denied because

of XY's insolvency.

justiceservices.gov.mt

Part C

Standard information form where the organiser transmits data

to another trader

(paragraph (b)(v) of the definition "package" - regulation 2)

If you conclude a contract with company AB not later than 24 hours

after receiving the confirmation of the booking from company XY

the travel service provided by XY and AB will constitute a package

within the meaning of the Package Travel and Linked Travel

Arrangements Regulations (S.L.409.19 of the Laws of Malta) and

Directive (EU) 2015/2302.

Therefore, you will benefit from all EU rights applying to packages.

Company XY will be fully responsible for the proper performance of

the package as a whole.

Additionally, as required by law, company XY has protection in

place to refund your payments and, where transport is included in

the package, to ensure your repatriation in the event that it becomes

insolvent.

ARRANGEMENTS

More information on key rights under Directive (EU) 2015/2302 and

the Package Travel and Linked Travel Arrangements Regulations

(S.L.409.19 of the Laws of Malta).

Following the hyperlink the traveller will receive the following

information

Key rights under the Package Travel and Linked Travel

Arrangements Regulations (S.L.409.19 of the Laws of Malta) and

Directive (EU) 2015/2302

—

Travellers will receive all essential information about

the travel services before concluding the package travel

contract.

—

There is always at least one trader who is liable for the

proper performance of all the travel services included in

the contract.

—

Travellers are given an emergency telephone number or

details of a contact point where they can get in touch

with the organiser or the travel agent.

—

Travellers may transfer the package to another person,

on reasonable notice and possibly subject to additional

costs.

—

The price of the package may only be increased if

specific costs rise (for instance, fuel prices) and if

expressly provided for in the contract, and in any event

not later than 20 days before the start of the package. If

the price increase exceeds 8% of the price of the

package, the traveller may terminate the contract. If the

organiser reserves the right to a price increase, the

traveller has a right to a price reduction if there is a

decrease in the relevant costs.

—

Travellers may terminate the contract without paying

any termination fee and get a full refund of any

payments if any of the essential elements of the

package, other than the price, are changed significantly.

If before the start of the package the trader responsible

for the package cancels the package, travellers are

entitled to a refund and compensation where

appropriate.

—

Travellers may terminate the contract without paying

any termination fee before the start of the package in the

event of exceptional circumstances, for instance if there

are serious security problems at the destination which

ARRANGEMENTS

are likely to affect the package.

—

Additionally, travellers may at any time before the start

of the package terminate the contract in return for an

appropriate and justifiable termination fee.

—

If, after the start of the package, significant elements of

the package cannot be provided as agreed, suitable

alternative arrangements will have to be offered to the

traveller at no extra cost. Travellers may terminate the

contract without paying any termination fee, where

services are not performed in accordance with the

contract and this substantially affects the performance

of the package and the organiser fails to remedy the

problem.

—

Travellers are also entitled to a price reduction and/or

compensation for damages where the travel services

are not performed or are improperly performed.

—

The organiser has to provide assistance if the traveller

is in difficulty.

—

If the organiser and/or the retailer becomes insolvent,

payments will be refunded. If the organiser and/or the

retailer becomes insolvent after the start of the package

and if transport is included in the package, repatriation

of the travellers is secured. XY has taken out

insolvency protection with YZ [the entity in charge of

the insolvency protection, e.g. a guarantee fund or an

insurance company). Travellers may contact this entity

or, where applicable, the competent authority (contact

details, including name, geographical address, email

and telephone number) if services are denied because

of XY's insolvency.

justiceservices.gov.mt

In these regulations, unless the context otherwise

requires –

"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 as

established by article 3 of the Act and includes any natural person

acting on its behalf under powers delegated by the Authority under

the Act;

"durable medium" means any instrument which enables the

traveller or the trader to store information addressed personally to him

in a way accessible for future reference for a period of time adequate

for the purposes of the information and which allows the unchanged

reproduction of the information stored;

"establishment" means establishment as defined in Article 4(5)

of Directive 2006/123/EC of the European Parliament and of the

Council of 12 th December, 2006 on services in the internal market;

"lack of conformity" means a failure to perform or improper

performance of the travel services included in a package;

"linked travel arrangement" means at least two different types of

travel services purchased for the purpose of the same trip or holiday,

not constituting a package, resulting in the conclusion of separate

contracts with the individual travel service providers, if a trader

facilitates

(a)

on the occasion of a single visit or contact with his

ARRANGEMENTS

point of sale, the separate selection and separate payment of

each travel service by travellers; or

(b)

in a targeted manner, the procurement of at least

one additional travel service from another trader where a

contract with such other trader is concluded at the latest 24

hours after the confirmation of the booking of the first travel

service.

Where not more than one type of travel service as referred to in

paragraphs (a), (b) or (c) of the definition "travel service" and one or

more tourist services as referred to in paragraph (d) of the same

definition are purchased, they do not constitute a linked travel

arrangement if the latter services do not account for a significant

proportion of the combined value of the services and are not advertised

as, and do not otherwise represent, an essential feature of the trip or

holiday;

"Member State" means a State forming part of the European

Union;

"Minister", unless otherwise stated, means the Minister

responsible for tourism;

"minor" means a person below the age of 18 years;

"organiser" means a trader who combines and sells or offers for

sale packages, either directly or through another trader or together with

another trader, or the trader who transmits the traveller's data to another

trader in accordance with paragraph (b)(v) of the definition "package";

"package" means a combination of at least two different types of

travel services for the purpose of the same trip or holiday, if

(a)

those services are combined by one trader,

including at the request of or in accordance with the selection of

the traveller, before a single contract on all services is

concluded; or

(b)

irrespective of whether separate contracts are

concluded with individual travel service providers, those

services are

(i)

purchased from a single point of sale and

those services have been selected before the traveller

agrees to pay;

(ii)

offered, sold or charged at an inclusive or

total price;

(iii)

advertised or sold under the term "package"

ARRANGEMENTS

or under a similar term;

(iv) combined after the conclusion of a contract

by which a trader entitles the traveller to choose among a

selection of different types of travel services; or

(v)

purchased from separate traders through

linked online booking processes where the traveller's

name, payment details and e-mail address are transmitted

from the trader with whom the first contract is concluded

to another trader or traders and a contract with the latter

trader or traders is concluded at the latest 24 hours after

the confirmation of the booking of the first travel service.

A combination of travel services where not more than

one type of travel service as referred to in paragraphs (a), (b) or

(c) of the definition "travel service" is combined with one or

more tourist services as referred to in paragraph (d) of the same

definition is not a package if the latter services

(a)

do not account for a significant proportion of the

value of the combination and are not advertised as and do not

otherwise represent an essential feature of the combination; or

(b)

are selected and purchased only after the

performance of a travel service as referred to in paragraphs (a),

(b) or (c) of the definition "travel service" has started;

"package travel contract" means a contract on the package as a

whole or, if the package is provided under separate contracts, all

contracts covering travel services included in the package;

"point of sale" means any retail premises, whether movable or

immovable, or a retail website or similar online sales facility,

including where retail websites or online sales facilities are presented

to travellers as a single facility, including a telephone service;

"repatriation" means the traveller's return to the place of

departure or to another place the contracting parties agree upon.

"retailer" means a trader other than the organiser who sells or

offers for sale packages combined by an organiser;

"start of the package" means the beginning of the performance

of travel services included in the package;

"trader" means any natural person or any legal person,

irrespective of whether privately or publicly owned, who is acting,

including through any other person acting in his name or on his behalf,

for purposes relating to his trade, business, craft or profession in

relation to contracts covered by these regulations, whether acting in

ARRANGEMENTS

the capacity of organiser, retailer, trader facilitating a linked travel

arrangement or as a travel service provider;

"travel service" means

(a)

carriage of passengers;

(b) accommodation which is not intrinsically part of the

carriage of passengers and is not for residential purposes;

(c)

rental of cars, other motor vehicles within the

meaning of Article 3(11) of Directive 2007/46/EC of the

European Parliament and of the Council, or motorcycles

requiring a Category A driving licence in accordance with

Article 4(3)(c) of Directive 2006/126/EC of the European

Parliament and of the Council;

(d)

any other tourist service not intrinsically part of a

travel service within the meaning of paragraphs (a), (b) or (c)

above;

"traveller" means any person who is seeking to conclude a

contract, or is entitled to travel on the basis of a contract concluded,

within the scope of these regulations;

"unavoidable and extraordinary circumstances" means a

situation beyond the control of the party who invokes such a situation

and the consequences of which could not have been avoided even if all

reasonable measures had been taken.

Part A

ARRANGEMENTS

Standard information form where the trader facilitating an

online linked travel arrangement within the meaning of

paragraph (a) in the definition of "linked travel arrangement" in

regulation 2is a carrier selling a return ticket

If, after selecting and paying for one travel service, you book

additional travel services for your trip or holiday via our company/

XY, you will NOT benefit from rights applying to packages under

Directive (EU) 2015/2302 and the Package Travel and Linked Travel

Arrangements Regulations (S.L.409.19 of the Laws of Malta).

Therefore, our company/XY will not be responsible for the proper

performance of those additional travel services. In case of problems

please contact the relevant service provider.

However, if you book any additional travel services during the same

visit to our company's/XY's booking website, the travel services will

become part of a linked travel arrangement. In that case XY has, as

required by EU law, protection in place to refund your payments to

XY for services not performed because of XY's insolvency, and,

where necessary, for your repatriation. Please note that this does not

provide a refund in the event of the insolvency of the relevant service

provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following

information

XY has taken out insolvency protection with YZ (the entity in charge

of the insolvency protection, e.g. a guarantee fund or an insurance

company).

Travellers may contact this entity, or where applicable, the competent

authority (contact details, including name, geographical address,

email and telephone number) if the services are denied because of

XY's insolvency.

Note: This insolvency protection does not cover contracts with

parties other than XY, which can be performed despite XY's

insolvency.

justiceservices.gov.mt

Part B

Standard information form where the trader facilitating an

online linked travel arrangement within the meaning of

paragraph (a) in the definition of "linked travel arrangement" in

regulation 2 is a trader other than a carrier selling a return ticket

ARRANGEMENTS

If, after selecting and paying for one travel service, you book

additional travel services for your trip or holiday via our company/

XY, you will NOT benefit from rights applying to packages under

Directive (EU) 2015/2302 and the Package Travel and Linked Travel

Arrangements Regulations (S.L.409.19 of the Laws of Malta.

Therefore, our company/XY will not be responsible for the proper

performance of the individual travel services. In case of problems

please contact the relevant service provider.

However, if you book any additional travel services during the same

visit to our company's/XY's booking website, the travel services will

become part of a linked travel arrangement. In that case XY has, as

required by EU law, protection in place to refund your payments to

XY for services not performed because of XY's insolvency. Please

note that this does not provide a refund in the event of the insolvency

of the relevant service provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following

information

XY has taken out insolvency protection with YZ (the entity in

charge of the insolvency protection, e.g. a guarantee fund or an

insurance company).

Travellers may contact this entity or, where applicable, the

competent authority (contact details, including name, geographical

address, email and telephone number) if the services are denied

because of XY's insolvency.

Note: This insolvency protection does not cover contracts with

parties other than XY, which can be performed despite XY's

insolvency. justiceservices.gov.mt

Part C

Standard information form in the case of linked travel

arrangements within the meaning of paragraph (a) in the

definition of "linked travel arrangement" in regulation 2 where

the contracts are concluded in the simultaneous physical

presence of the trader (other than a carrier selling a return

ticket) and the traveller

If, after selecting and paying for one travel service, you book

additional travel services for your trip or holiday via our company/

XY, you will NOT benefit from rights applying to packages under

Directive (EU) 2015/2302 and the Package Travel and Linked Travel

Arrangements Regulations (S.L. 409.19 of the Laws of Malta.

ARRANGEMENTS

Therefore, our company/XY will not be responsible for the proper

performance of the individual travel services. In case of problems

please contact the relevant service provider.

However, if you book any additional travel services during the same

visit to or contact with our company/XY, the travel services will

become part of a linked travel arrangement. In that case XY has, as

required by EU law, protection in place to refund your payments to

XY for services not performed because of XY's insolvency. Please

note that this does not provide a refund in the event of the insolvency

of the relevant service provider.

XY has taken out insolvency protection with YZ (the entity in charge

of the insolvency protection, e.g. a guarantee fund or an insurance

company).

Travellers may contact this entity or, where applicable, the competent

authority (contact details, including name, geographical address,

email and telephone number) if the services are denied because of

XY's insolvency.

Note: This insolvency protection does not cover contracts with

parties other than XY, which can be performed despite XY's

insolvency.

justiceservices.gov.mt

Part D

Standard information form where the trader facilitating an

online linked travel arrangement within the meaning of

paragraph (b) in the definition of "linked travel arrangement" in

regulation 2 is a carrier selling a return ticket

If you book additional travel services for your trip or holiday via this

link/these links, you will NOT benefit from rights applying to

packages under Directive (EU) 2015/2302 and the Package Travel

and Linked Travel Arrangements Regulations (S.L.409.19 of the

Laws of Malta.

Therefore, our company/XY will not be responsible for the proper

performance of those additional travel services. In case of problems,

please contact the relevant service provider.

However, if you book additional travel services via this link/these

links not later than 24 hours after receiving the confirmation of the

booking from our company/XY, those travel services will become

part of a linked travel arrangement. In that case XY has, as required

by EU law, protection in place to refund your payments to XY for

ARRANGEMENTS

services not performed because of XY's insolvency, and, where

necessary, for your repatriation. Please note that this does not

provide a refund in the event of the insolvency of the relevant

service provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following

information

XY has taken out insolvency protection with YZ (the entity in

charge of the insolvency protection, e.g. a guarantee fund or an

insurance company).

Travellers may contact this entity or, where applicable, the

competent authority (contact details, including name, geographical

address, email and telephone number) if the services are denied

because of XY's insolvency.

Note: This insolvency protection does not cover contracts with

parties other than XY, which can be performed despite XY's

insolvency.

justiceservices.gov.mt

Part E

Standard information form where the trader facilitating an

online linked travel arrangement within the meaning of

paragraph (b) in the definition of "linked travel arrangement"

in regulation 2 is a trader other than a carrier selling a return

ticket

If you book additional travel services for your trip or holiday via this

link/these links, you will NOT benefit from rights applying to

packages under Directive (EU) 2015/2302 and the Package Travel

and Linked Travel Arrangements Regulations (S.L.409.19 of the

Laws of Malta).

Therefore, our company/XY will not be responsible for the proper

performance of those additional travel services. In case of problems

please contact the relevant service provider.

However, if you book additional travel services via this link/these

links not later than 24 hours after receiving the confirmation of the

booking from our company/XY, those travel services will become

part of a linked travel arrangement. In that case XY has, as required

by EU law, protection in place to refund your payments to XY for

services not performed because of XY's insolvency. Please note that

ARRANGEMENTS

this does not provide a refund in the event of the insolvency of the

relevant service provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following

information

XY has taken out insolvency protection with YZ (the entity in charge

of the insolvency protection, e.g. a guarantee fund or an insurance

company).

Travellers may contact this entity or, where applicable, the competent

authority (contact details, including name, geographical address,

email and telephone number) if the services are denied because of

XY's insolvency.

Note: This insolvency protection does not cover contracts with

parties other than XY, which can be performed despite XY's

insolvency.

justiceservices.gov.mt

These regulations apply to packages offered for sale or

sold by traders to travellers and to linked travel arrangements

facilitated by traders for travellers.

Provided that these regulations do not apply to

(a)

packages and linked travel arrangements covering

a period of less than 24 hours unless overnight accommodation

is included;

(b)

packages offered, and linked travel arrangements

facilitated, occasionally and on a not-for-profit basis and only to

a limited group of travellers;

(c)

packages and linked travel arrangements

purchased on the basis of a general agreement for the

arrangement of business travel between a trader and another

natural or legal person who is acting for purposes relating to his

trade, business, craft or profession

Provided further that these regulations shall not

ARRANGEMENTS

affect national general contract law such as the rules on the

validity, formation or effect of a contract, insofar as general

contract law aspects are not regulated in these regulations.

(1)

Before the traveller is bound by any package

travel contract or any corresponding offer, the organiser and, where the

package is sold through a retailer, also the retailer shall provide the

traveller with the standard information by means of the relevant form

as set out in Part A or Part B of Schedule I, and, where applicable to

the package, with the following information

(a)

the main characteristics of the travel services

(i)

the travel destination(s), itinerary and

periods of stay, with dates and, where accommodation is

included, the number of nights included;

(ii)

the means, characteristics and categories of

transport, the points, dates and time of departure and

return, the duration and places of intermediate stops and

transport connections. Where the exact time is not yet

determined, the organiser and, where applicable, the

retailer shall inform the traveller of the approximate time

of departure and return;

(iii) the location, main features and, where

applicable, tourist category of the accommodation under

the rules of the country of destination;

(iv)

the meal plan;

(v)

visits, excursion(s) or other services

included in the total price agreed for the package;

(vi) where it is not apparent from the context,

whether any of the travel services will be provided to the

traveller as part of a group and, if so, where possible, the

approximate size of the group;

(vii) where the traveller's benefit from other

tourist

services

depends

on

effective

oral

communication, the language in which those services

will be carried out; and

(viii) whether the trip or holiday is generally

suitable for persons with reduced mobility and, upon the

traveller's request, precise information on the suitability

of the trip or holiday taking into account the traveller's

needs;

(b)

the trading name and geographical address of the

ARRANGEMENTS

organiser and, where applicable, of the retailer, as well as their

telephone number and, where applicable, e-mail address;

(c)

the total price of the package inclusive of taxes

and, where applicable, of all additional fees, charges and other

costs or, where those costs cannot reasonably be calculated in

advance of the conclusion of the contract, an indication of the

type of additional costs which the traveller may still have to

bear;

(d)

the arrangements for payment, including any

amount or percentage of the price which is to be paid as a down

payment and the timetable for payment of the balance, or

financial guarantees to be paid or provided by the traveller;

(e)

the minimum number of persons required for the

package to take place and the time-limit, referred to in paragraph

(a) of regulation 11(3), before the start of the package for the

possible termination of the contract if that number is not

reached;

(f)

general information on passport and visa

requirements, including approximate periods for obtaining visas

and information on health formalities, of the country of

destination;

(g)

information that the traveller may terminate the

contract at any time before the start of the package in return for

payment of an appropriate termination fee, or, where applicable,

the standardised termination fees requested by the organiser, in

accordance with regulation 11(1);

(h)

information on optional or compulsory insurance

to cover the cost of termination of the contract by the traveller or

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

accident, illness or death.

For package travel contracts concluded by telephone, the

organiser and, where applicable, the retailer shall provide the traveller

with the standard information set out in Part B of Schedule I, and the

information set out in paragraphs (a) to (h) of regulation 4(1).

(2)

With reference to packages as defined in paragraph (b)(v)

of the definition "package" in regulation 2 the organiser and the trader

to whom the data are transmitted shall ensure that each of them

provides, before the traveller is bound by a contract or any

corresponding offer, the information set out in paragraphs (a) to (h) of

regulation 4(1) in so far as it is relevant for the respective travel

services they offer. The organiser shall also provide, at the same time,

the standard information by means of the form set out in Part C of

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Schedule I.

(3) The information referred to in sub-regulations (1) and (2)

shall be provided in a clear, comprehensible and prominent manner.

Where such information is provided in writing, it shall be legible.

(1)

The information provided to the traveller pursuant

to paragraphs (a), (c), (d), (e) and (g) of regulation 4(1) shall form an

integral part of the package travel contract and shall not be altered

unless the contracting parties expressly agree otherwise. The organiser

and, where applicable, the retailer shall communicate all changes to

the pre-contractual information to the traveller in a clear,

comprehensible and prominent manner before the conclusion of the

package travel contract.

(2)

If the organiser and, where applicable, the retailer has not

complied with the information requirements on additional fees,

charges or other costs as referred to in paragraph (c) of regulation 4(1)

before the conclusion of the package travel contract, the traveller shall

not bear those fees, charges or other costs.

(1)

Package travel contracts shall be in plain and

intelligible language and, in so far as they are in writing, legible. At

the conclusion of the package travel contract or without undue delay

thereafter, the organiser or retailer shall provide the traveller with a

copy or confirmation of the contract on a durable medium. The

traveller shall be entitled to request a paper copy if the package travel

contract has been concluded in the simultaneous physical presence of

the parties

Provided that in the case of off-premises contracts as

defined in Article 2(8) of Directive 2011/83/EU of the European

Parliament and of the Council, a copy or confirmation of the package

travel contract shall be provided to the traveller on paper or, if the

traveller agrees, on another durable medium.

(2)

The package travel contract or confirmation of the

contract shall set out the full content of the agreement which shall

include all the information referred to in paragraphs (a) to (h) of

regulation 4(1) and the following information

(a)

special requirements of the traveller which the

organiser has accepted;

(b)

information that the organiser is

(i)

responsible for the proper performance of

all travel services included in the contract in accordance

with regulation 12; and

(ii)

obliged to provide assistance if the

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traveller is in difficulty in accordance with regulation 15;

(c)

the name of the entity in charge of the insolvency

protection and its contact details, including its geographical

address, and, where applicable, the name of the competent

authority designated by the Government concerned for that

purpose and its contact details;

(d)

the name, address, telephone number, e-mail

address and, where applicable, the fax number of the organiser's

local representative, of a contact point or of another service

which enables the traveller to contact the organiser quickly and

communicate with him efficiently, to request assistance when

the traveller is in difficulty or to complain about any lack of

conformity perceived during the performance of the package;

(e)

information that the traveller is required to

communicate any lack of conformity which he perceives during

the performance of the package in accordance with regulation

12(2);

(f)

where minors, unaccompanied by a parent or

another authorised person, travel on the basis of a package travel

contract which includes accommodation, information enabling

direct contact with the minor or the person responsible for the

minor at the minor's place of stay;

(g)

information on available in-house complaint

handling procedures and on alternative dispute resolution

('Alternative Dispute Resolution' or 'ADR') mechanisms

pursuant to Directive 2013/11/EU of the European Parliament

and of the Council, and, where applicable, on the ADR entity by

which the trader is covered and on the online dispute resolution

platform pursuant to Regulation (EU) No 524/2013 of the

European Parliament and of the Council;

(h)

information on the traveller's right to transfer the

contract to another traveller in accordance with regulation 8.

(3)

With reference to packages as specified in the definition

"package" in regulation 2, the trader to whom the data are transmitted

shall inform the organiser of the conclusion of the contract leading to

the creation of a package. The trader shall provide the organiser with

the information necessary to comply with his obligations as an

organiser.

As soon as the organiser is informed that a package has been

created, the organiser shall provide to the traveller the information

referred to in paragraphs (a) to (h) of regulation 4 on a durable medium.

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(4)

The information referred to in sub-regulations (2) and (3)

shall be provided in a clear, comprehensible and prominent manner.

(5)

In good time before the start of the package, the

organiser shall provide the traveller with the necessary receipts,

vouchers and tickets, information on the scheduled times of departure

and, where applicable, the deadline for check-in, as well as the

scheduled times for intermediate stops, transport connections and

arrival.

With regards compliance with the information

requirements laid down in regulations 4, 5 and 6, the burden of proof

shall be on the trader.

(1)

A traveller may, after giving the organiser

reasonable notice on a durable medium before the start of the package,

transfer the package travel contract to a person who satisfies all the

conditions applicable to that contract

Provided that notice given at the latest seven days before

the start

of the package shall in any event be deemed to be

reasonable.

(2)

The transferor of the package travel contract and the

transferee shall be jointly and severally liable for the payment of the

balance due and for any additional fees, charges or other costs arising

from the transfer. The organiser shall inform the transferor about the

actual costs of the transfer. Those costs shall not be unreasonable and

shall not exceed the actual cost incurred by the organiser due to the

transfer of the package travel contract.

(3)

The organiser shall provide the transferor with proof of

the additional fees, charges or other costs arising from the transfer of

the package travel contract

(1)

After the conclusion of the package travel

contract, prices may be increased only if the contract expressly

reserves that possibility and states that the traveller is entitled to price

reduction under regulation 9(4). In that event the package travel

contract shall state how price revisions are to be calculated. Price

increases shall be possible exclusively as a direct consequence of

changes in

(a)

the price of the carriage of passengers resulting

from the cost of fuel or other power sources;

(b)

the level of taxes or fees on the travel services

included in the contract imposed by third parties not directly

involved in the performance of the package, including tourist

taxes, landing taxes or embarkation or disembarkation fees at

ports and airports; or

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(c)

the exchange rates relevant to the package.

(2)

If the price increase referred to in sub-regulation (1)

exceeds 8% of the total price of the package, regulation 10(2) to

regulation 10(5) shall apply.

(3)

Irrespective of its extent, a price increase shall be possible

only if the organiser notifies the traveller clearly and comprehensibly

of it with a justification for that increase and a calculation, on a durable

medium at the latest 20 days before the start of the package.

(4)

If the package travel contract stipulates the possibility of

corresponding to any decrease in the costs referred to in paragraphs (a),

(b) and (c) of regulation 9(1) that occurs after the conclusion of the

contract before the start of the package.

(5)

In the event of a price decrease, the organiser shall have

the right to deduct actual administrative expenses from the refund owed

to the traveller. At the traveller's request, the organiser shall provide

proof of those administrative expenses.

(1)

Before the start of the package, the organiser may

not unilaterally change package travel contract terms other than the

(a)

the organiser has reserved that right in the contract;

(b)

the change is insignificant; and

(c)

the organiser informs the traveller of the change in

a clear, comprehensible and prominent manner on a durable

medium.

(2)

In the event that before the start of the package, the

organiser is constrained to alter significantly any of the main

characteristics of the travel services as referred to in regulation 4(1)(a)

or cannot fulfil the special requirements as referred to in regulation

6(2)(a), or proposes to increase the price of the package by more than

8% in accordance with regulation 9(2), the traveller may within a

reasonable period specified by the organiser

(a)

accept the proposed change; or

(b)

terminate

the

contract

without

paying

a

termination fee

Provided that if the traveller terminates the package travel

contract, the traveller may accept a substitute package where this is

offered by the organiser, if possible of an equivalent or a higher quality.

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(3)

The organiser shall without undue delay inform the

traveller in a clear, comprehensible and prominent manner on a

durable medium of

(a)

the proposed changes referred to in regulation

10(2) and, where appropriate in accordance with regulation

10(4), their impact on the price of the package;

(b)

a reasonable period within which the traveller has

to inform the organiser of his decision pursuant to regulation

10(2);

(c)

the consequences of the traveller's failure to

respond within the period referred to in paragraph (b), in

accordance with applicable national law; and

(d)

where applicable, the offered substitute package

and its price.

(4)

Where the changes to the package travel contract referred

to in paragraph (a) of regulation 10(2) or the substitute package

referred to in paragraph (b) of regulation 10(2) result in a package of

lower quality or cost, the traveller shall be entitled to an appropriate

(5)

If the package travel contract is terminated pursuant to

paragraph (b) of sub-regulation (2), and the traveller does not accept a

substitute package, the organiser shall refund all payments made by or

on behalf of the traveller without undue delay and in any event not

later than 14 days after the contract is terminated. Regulations 13(2) to

(6) shall, mutatis mutandis, apply.

(1)

The traveller may terminate the package travel

contract at any time before the start of the package. Where the traveller

terminates the package travel contract under this sub-regulation, the

traveller may be required to pay an appropriate and justifiable

termination fee to the organiser. The package travel contract may

specify reasonable standardised termination fees based on the time of

the termination of the contract before the start of the package and the

expected cost savings and income from alternative deployment of the

travel services. In the absence of standardised termination fees, the

amount of the termination fee shall correspond to the price of the

package minus the cost savings and income from alternative

deployment of the travel services. At the traveller's request the

organiser shall provide a justification for the amount of the termination

fees.

(2)

Notwithstanding the provisions of sub-regulation (1), the

traveller shall have the right to terminate the package travel contract

before the start of the package without paying any termination fee in

the event of unavoidable and extraordinary circumstances occurring at

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the place of destination or its immediate vicinity and significantly

affecting the performance of the package, or which significantly affect

the carriage of passengers to the destination. In the event of termination

of the package travel contract under this paragraph, the traveller shall

be entitled to a full refund of any payments made for the package, but

shall not be entitled to additional compensation.

(3)

The organiser may terminate the package travel contract

and provide the traveller with a full refund of any payments made for

the package, but shall not be liable for additional compensation, if

(a)

the number of persons enrolled for the package is

smaller than the minimum number stated in the contract and the

organiser notifies the traveller of the termination of the contract

within the period fixed in the contract, but not later than

(i)

20 days before the start of the package in

the case of trips lasting more than six days;

(ii)

7 days before the start of the package in the

case of trips lasting between two and six days; (iii) 48

hours before the start of the package in the case of trips

lasting less than two days; or

(b)

the organiser is prevented from performing the

contract because of unavoidable and extraordinary

circumstances and notifies the traveller of the termination of the

contract without undue delay before the start of the package.

(4)

The organiser shall provide any refunds required under

sub-regulations (2) and (3)or, with respect to sub-regulation (1),

reimburse any payments made by or on behalf of the traveller for the

package minus the appropriate termination fee. Such refunds or

reimbursements shall be made to the traveller without undue delay and

in any event not later than 14 days after the package travel contract is

terminated.

Provided that the 14-day limit set out in this sub-regulation

shall not apply to any refund required as a result of termination of

package travels under sub-regulations (2) and (3) when such

termination occurred or occurs between the 1 st of March 2020 and

31 st May 2020 (both dates included), which refund shall be paid by

the organiser by no later than 6 months after the package travel

contract is terminated.

(1)

The organiser is responsible for the performance of

the travel services included in the package travel contract, irrespective

of whether those services are to be performed by the organiser or by

other travel service providers.

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Provided that when a package travel contract is sold by a

retailer, the retailer is also responsible for the performance of the

package and any provisions applicable to the organiser under

regulation 6 and regulation 8 to regulation 17 shall, mutatis mutandis,

also apply to the retailer

Provided further that this shall not affect any right of

action the organiser and, or the retailer may have against the organiser,

the retailer and, or those other suppliers of services.

(2)

The traveller shall inform the organiser without undue

delay, taking into account the circumstances of the case, of any lack of

conformity which he perceives during the performance of a travel

service included in the package travel contract.

(3)

If any of the travel services are not performed in

accordance with the package travel contract, the organiser shall

remedy the lack of conformity, unless that

(a)

is impossible; or

(b)

entails disproportionate costs, taking into account

the extent of the lack of conformity and the value of the travel

services affected.

If the organiser, in accordance with paragraph (a) or (b), does

not remedy the lack of conformity, regulation 13 shall apply.

(4)

Without prejudice to the exceptions laid down in sub-

regulation (3), if the organiser does not remedy the lack of conformity

within a reasonable period set by the traveller, the traveller may do so

himself and request reimbursement of the necessary expenses. It shall

not be necessary for the traveller to specify a time-limit if the organiser

refuses to remedy the lack of conformity or if immediate remedy is

required.

(5)

Where a significant proportion of the travel services

cannot be provided as agreed in the package travel contract, the

organiser shall offer, at no extra cost to the traveller, suitable

alternative arrangements of, where possible, equivalent or higher

quality than those specified in the contract, for the continuation of the

package, including where the traveller's return to the place of

departure is not provided as agreed

Provided that where the proposed alternative

arrangements result in a package of lower quality than that specified in

the package travel contract, the organiser shall grant the traveller an

appropriate price reduction

Provided further that the traveller may reject the

proposed alternative arrangements only if they are not comparable to

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what was agreed in the package travel contract or the price reduction

granted is inadequate.

(6)

Where a lack of conformity substantially affects the

performance of the package and the organiser has failed to remedy it

within a reasonable period set by the traveller, the traveller may

terminate the package travel contract without paying a termination fee

and, where appropriate, request, in accordance with regulation 13, price

reduction and, or compensation for damages.

Provided that if it is impossible to make alternative

arrangements or the traveller rejects the proposed alternative

arrangements in accordance with the third paragraph of sub-regulation

(5), the traveller is, where appropriate, entitled to price reduction and,

or compensation for damages in accordance with regulation 13 without

terminating the package travel contract

Provided further that if the package includes the carriage

of passengers, the organiser shall, in the cases referred to in this sub-

regulation, also provide repatriation of the traveller with equivalent

transport without undue delay and at no extra cost to the traveller.

(7)

As long as it is impossible to ensure the traveller's return

as agreed in the package travel contract because of unavoidable and

extraordinary circumstances, the organiser shall bear the cost of

necessary accommodation, if possible of equivalent category, for a

period not exceeding three nights per traveller. Where longer periods

are provided for in European Union passenger rights legislation

applicable to the relevant means of transport for the traveller's return,

those periods shall apply.

(8)

The limitation of costs referred to in sub-regulation (7)

shall not apply to persons with reduced mobility, as defined in point (a)

of Article 2 of Regulation (EC) No 1107/2006 of the European

Parliament and of the Council, and any person accompanying them,

pregnant women and unaccompanied minors, as well as persons in need

of specific medical assistance, provided that the organiser has been

notified of their particular needs at least 48 hours before the start of the

package. The organiser may not invoke unavoidable and extraordinary

circumstances to limit the liability under sub-regulation (7) if the

relevant transport provider may not rely on such circumstances under

applicable European Union Legislation.

(1)

The traveller is entitled to an appropriate price

reduction for any period during which there was lack of conformity,

unless the organiser proves that the lack of conformity is attributable to

the traveller.

(2)

The traveller shall be entitled to receive appropriate

compensation from the organiser for any damage which the traveller

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sustains as a result of any lack of conformity. Compensation shall be

made without undue delay.

(3)

The traveller shall not be entitled to compensation for

damages if the organiser proves that the lack of conformity is

(a)

attributable to the traveller;

(b)

attributable to a third party unconnected with the

provision of the travel services included in the package travel

contract and is unforeseeable or unavoidable; or

(c)

due

to

unavoidable

and

extraordinary

circumstances.

(4)

Insofar as international conventions binding the

European Union limit the extent of or the conditions under which

compensation is to be paid by a provider carrying out a travel service

which is part of a package, the same limitations shall apply to the

organiser

Provided that if any other international conventions not

binding the European Union, but of which Malta is a party to, that

limit compensation to be paid by a service provider carrying out a

travel service which is part of a package, the same limitations provided

in such international conventions shall also apply to the organisers

Provided further that in other cases, the package travel

contract may limit compensation to be paid by the organiser as long as

that limitation does not apply to personal injury or damage caused

intentionally or with negligence and does not amount to less than three

times the total price of the package.

(5)

Any right to compensation or price reduction under these

regulations shall not affect the rights of travellers under Regulation

(EC) No 261/2004 of the European Parliament and of the Council,

Regulation (EC) No 1371/2007 of the European Parliament and of the

Council, Regulation (EC) No 392/2009 of the European Parliament

and of the Council, Regulation (EU) No 1177/2010 of the European

Parliament and of the Council and Regulation (EU) No 181/2011 of

the European Parliament and of the Council and under international

conventions. Travellers shall be entitled to present claims under these

regulations and under European Union legislation and international

conventions. Compensation or price reduction granted under these

regulations and the compensation or price reduction granted under

European Union legislation and international conventions shall be

deducted from each other in order to avoid overcompensation.

(6)

The limitation period for introducing claims under this

Regulation is two years from the last day of the package.

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Without prejudice to the second proviso to regulation

12(1), the traveller may address messages, requests or complaints in

relation to the performance of the package directly to the retailer

through which it was purchased. The retailer shall forward those

messages, requests or complaints to the organiser without undue delay.

For the purpose of compliance with time-limits or

limitation periods, receipt of the messages, requests or complaints

referred to in the previous paragraph by the retailer shall be considered

as receipt by the organiser.

The organiser shall give appropriate assistance without

undue delay to the traveller in difficulty, including in the circumstances

referred to in regulation 12(7), in particular by

(a) providing appropriate information on health

services, local authorities and consular assistance; and

(b)

assisting the traveller to make distance

communications and helping the traveller to find alternative

travel arrangements.

The organiser shall be able to charge a reasonable fee for

such assistance if the difficulty is caused intentionally by the traveller

or through the traveller's negligence. That fee shall not in any event

exceed the actual costs incurred by the organiser.

(1)

Organisers are to provide security for the refund of

all payments made by or on behalf of the travellers insofar as the

relevant services are not performed as a consequence of the organiser's

insolvency. If the carriage of passengers is included in the package

travel contract, organisers shall also provide security for the travellers'

repatriation. Continuation of the package may be offered

Provided that organisers not established in Malta which

sell or offer for sale packages in Malta, or which by any means direct

such activities to Malta, shall be obliged to provide the security in

accordance with the laws of Malta

Provided further that organisers, who are subject to the

provisions of the Package Travel Insolvency Fund Regulations, shall

provide the security as established in the said regulations.

(2)

The security provided by organisers referred to in sub-

regulation (1) shall be effective and shall cover reasonably foreseeable

costs. It shall cover the amounts of payments made by or on behalf of

travellers in respect of packages, taking into account the length of the

period between down payments and final payments and the completion

of the packages, as well as the estimated cost for repatriations in the

event of the organiser's insolvency.

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(3)

An organiser's insolvency protection shall benefit

travellers regardless of their place of residence, the place of departure

or where the package is sold and irrespective of the Member State

where the entity in charge of the insolvency protection is located.

(4)

When the performance of the package is affected by the

organiser's insolvency, the security shall be available free of charge to

ensure repatriations and, if necessary, the financing of accommodation

prior to the repatriation.

(5)

For travel services that have not been performed, refunds

shall be provided without undue delay after the traveller's request.

(1)

Any insolvency protection provided by an

organiser under such measures of the Member State of his/her

establishment shall be recognized as meeting the requirements of

Regulation 16 and, if applicable, of the Package Travel Insolvency

Fund Regulations.

(2)

The Authority shall facilitate the administrative

cooperation and supervision of organisers. The Authority shall notify

its contact details to all other Member States and the Commission.

(3)

The Authority shall make available to other central

contact points established in the different Member States, all necessary

information on its national insolvency protection requirements and the

identity of the entity or entities in charge of the insolvency protection

for specific organisers established in its territory. The Authority shall

grant other central contact points established in the different Member

States access to any available inventory listing organisers which are in

compliance with their insolvency protection obligations. Any such

inventory shall be publicly accessible, including online.

(4)

Should the Authority have any doubts about an

organiser's insolvency protection, it shall seek clarification from the

organiser's Member State of establishment.

(5)

The Authority shall respond to requests from other

Member States as quickly as possible taking into account the urgency

and complexity of the matter. In any event, a first response shall be

issued at the latest within 15 working days from receiving the request.

(1)

Traders facilitating linked travel arrangements

shall provide security for the refund of all payments they receive from

travellers insofar as a travel service which is part of a linked travel

arrangement is not performed as a consequence of their insolvency. In

the case where the traders are responsible of the carriage of

passengers, this security shall also cover the traveller’s repatriation.

The second sub-paragraph of regulation 16(1), regulation 16(2) to (5)

and regulation 17 shall, mutatis mutandis, apply.

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(2)

Before the traveller is bound by any contract leading to

the creation of a linked travel arrangement or any corresponding offer,

the trader facilitating linked travel arrangements, including where the

trader is not established in Malta but, by any means, directs such

activities to Malta, shall state in a clear, comprehensible and prominent

manner that the traveller

(a)

will not benefit from any of the rights applying

exclusively to packages under these regulations and that each

service provider will be solely responsible for the proper

contractual performance of his service; and

(b)

will benefit from

insolvency

protection

in

accordance with regulation 18(1).

In order to comply with this Regulation, the trader

facilitating a linked travel arrangement shall provide the traveller with

that information by means of the relevant standard form set out in

Schedule II, or, where the particular type of linked travel arrangement

is not covered by any of the forms set out in that Schedule, provide the

information contained therein.

(3)

Where the trader facilitating linked travel arrangements

has not complied with the requirements set out in sub-regulations (1)

and (2), the rights and obligations laid down in regulation 8 and

regulations 11 to 15 shall apply in relation to the travel services

included in the linked travel arrangement.

(4)

Where a linked travel arrangement is the result of the

conclusion of a contract between a traveller and a trader who does not

facilitate the linked travel arrangement, that trader shall inform the

trader facilitating the linked travel arrangement of the conclusion of the

relevant contract.

Without prejudice to the second proviso to regulation

12(1), where the organiser is established outside the European

Economic Area, a retailer established in Malta shall be subject to the

obligations laid down for organisers in regulations 12 to 17, unless the

retailer provides evidence that the organiser complies with those

regulations.

A trader is liable for any errors due to technical defects in

the booking system which are attributable to him and, where the trader

has agreed to arrange the booking of a package or of travel services

which are part of linked travel arrangements, for the errors made during

the booking process

Provided that a trader shall not be liable for booking

errors which are attributable to the traveller or which are caused by

unavoidable and extraordinary circumstances.

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In cases where an organiser or, in accordance with the

second proviso to regulation 12(1) or regulation 19, a retailer pays

compensation, grants price reduction or meets the other obligations

incumbent on him under these regulations, the organiser or retailer has

the right to seek redress from any third parties which contributed to the

event triggering compensation, price reduction or other obligations.

(1)

A declaration by an organiser of a package or a

trader facilitating a linked travel arrangement that he is acting

exclusively as a travel service provider, as an intermediary or in any

other capacity, or that a package or a linked travel arrangement does

not constitute a package or a linked travel arrangement, shall not

absolve that organiser or trader from the obligations imposed on them

under these regulations.

(2)

Travellers may not waive the rights conferred on them by

these regulations.

(3)

Any contractual arrangement or any statement by the

traveller which directly or indirectly waives or restricts the rights

conferred on travellers pursuant to these regulations or aims to

circumvent the application of these regulations shall not be binding on

the traveller.

(1)

Any person who fails to comply with any of the

provisions of these regulations shall be guilty of an offence and shall

be liable on conviction to a fine (multa) of not less than one thousand

and one hundred and sixty-four euro and sixty-nine cents (€1,164.69)

and not more than twenty-three thousand and two hundred and ninety-

three euro and seventy-three cents (€23,293.73).

(2)

The court, besides awarding the punishment referred to

in sub-regulation (1), shall order the offender to undo anything which

was done in breach of these regulations or to comply with these

regulations, as the case may be, within a time sufficient for the

purpose, but in any case not exceeding three months from the date of

the judgement, to be fixed by the court; and if the offender fails to

comply with any order within the time so fixed, he shall be liable to a

fine (multa) of not less than one thousand and one hundred and sixty-

four euro and sixty-nine cents (€1,164.69) and not more than eleven

thousand and six hundred and forty-six euro and eighty-seven cents

(€11,646.87), as the court may fix, for every day the default continues

after the expiration of the said time.

(3)

(a)

Compliance with the provisions of these

regulations by a trader shall also be deemed to be a condition to which

a licence to operate any tourism operation regulated under the Act is

subject to, irrespective of whether reference to these regulations is

made in the licence itself.

(b)

Any trader who fails to comply with any of the

ARRANGEMENTS

provisions of these regulations and is in possession or should be in

possession of a licence issued under the Act shall be guilty of an

offence and shall be liable to the fines and penalties as stipulated in

articles 43 and 45 of the Act.

(c)

If the Authority is satisfied that the trader has

repeatedly contravened or failed to comply with these regulations, the

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

trader to operate as a tourism operation under the Act for a period not

exceeding one year.

(4) 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 any of the offences mentioned in these regulations.

(5)

An authorised officer may, if he has reasonable grounds

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

(a)

inspect any goods and enter any premises other

than premises used only as a dwelling;

(b)

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;

(c)

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;

(d)

require any person engaged in the organisation or

retailing of packages to give any other information which the

officer may reasonably require in regard to such activity;

(e)

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.

ARRANGEMENTS

(6)

Any person who obstructs or interferes with an

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

regulations or gives to an authorised officer information which is false

or misleading shall be guilty of an offence and shall be liable to the

fines and penalties as stipulated in articles 43 and 45 of the Act.

(7)

Any 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 and shall be liable to the fines

and penalties as stipulated in articles 43 and 45 of the Act.

(8)

The provisions of articles 43(3), 43(4) and 45 of the Act

shall, mutatis mutandis, apply to any person who fails to comply with

any of the provisions of these regulations.

(9)

The provisions of regulation 23 shall also apply to any

trader to whom these regulations may apply, even if such trader does

not operate a tourism operation which requires a licence under the Act.