MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE) REGULATIONS (specialprocedure)

MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE)

SUBSIDIARY LEGISLATION 409.06

MALTA TOURISM AUTHORITY (SPECIAL

PROCEDURE) REGULATIONS

31st May, 2002

LEGAL NOTICE 126 of 2002, as amended by Legal Notices 185 of 2002

and 426 of 2007.

The title of these regulations is the Malta Tourism

Authority (Special Procedure) Regulations.

L.N. 426 of 2007.

First Column

Contravention

Article

1. Managing or operating a hotel, guest house, Article 18(1)

hostel, holiday furnished premises or catering

establishment without a licence issued for

such purpose by the Authority.

2. Providing accommodation in a house to Article 18(2)

tourists without a licence issued for such

purpose by the Authority.

3. Granting on lease to a tourist or allowing a Article 18(3)

tourist to occupy a house in Malta under any

title or transferring any right of lease to a

tourist or other title to occupation, of any such

house, to a tourist without a licence issued for

that purpose by the Authority.

For the purposes of article 45 of the Malta Travel and

Tourism Services Act, hereinafter referred to as "the Act", the fines

that may be imposed for the offences shown in the First Column of

the Schedule shall be those shown in the Second Column of the said

Schedule.

(1)

In these regulations unless the context otherwise

requires

"certificate of classification" means the certificate issued by the

Authority certifying the classification assigned to the hotel, guest

house, hostel, holiday premises or catering establishment;

"register" means the record of guests kept by the keeper of a

hotel, guest house, hostel and holiday premises which show the

name and other particulars of every guest staying in the hostel,

guest house, hostel or holiday premises;

(2) Words and expressions used in these regulations and which

are also used in the Act, shall have the same meaning as in the Act.

MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE)

Substituted by

Failure to return a licence to the Authority, Article 18(6)

when such a licence issued by the Authority

has been revoked or not renewed by the

Authority.

Failure to provide alternative accommodation Article 18(8)

t o c o n t r a c t e d p e r s o n s i n c a s e s o f o v e r-

booking.

Using a name of a hotel, guest house, hostel, Article 19(1)(2)

holiday furnished premises, catering

establishment or house used for the

accommodation of tourists, which name, in

the opinion of the Authority, is considered as

undesirable, unsuitable or misleading.

Failure to keep a hotel, guest house, hostel, Article 21(2)

holiday premises or catering establishment up

to the standard required of its category and

classification and as a result of which the

hotel, hostel, holiday premises or catering

establishment is classified into a lower

category.

Failure to return a certificate of classification Article 21(4)

to the Authority, when such certificate has

been revoked or substituted by the Authority.

Advertising or representing a hotel, guest

Article 22

house, hostel, holiday premises or catering

establishment

MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE)

First Column

Second

Column

Contravention

Article

Fine

(a) as belonging to a different category or

€2,329.37

classification from that officially

(for default

categorised or classified by the

under 9(a))

Authority

AND/OR

(b) as offering particular amenities and/or

€1,164.69

services when such facilities and/or

(for default

services are not available at the time

under 9(b))

when

such

advertising

and

representation are made.

Failure to keep a register in the prescribed

Article 24

€1,164.69

form wherein the name and other particulars

of each guest are to be recorded.

Failure to present such register of guests,

Article 25

€232.94

whenever so requested, by any police officer

not below the rank of inspector or by any

member of the Authority or by any other

person authorised in writing for the purpose

by the Chairperson of the Authority.

Managing or operating an incoming tourism

Article 27(1)

€2,329.37

a g e n c y, a t r a v e l a g e n c y o r d e s t i n a t i o n

management company without having

previously obtained and being in possession of

a l ic e nc e is s u e d f o r s u c h p u rp o s e b y t he

Authority.

Failure to return a licence of an incoming

Article 27(3)

€232.94

tourism agency, travel agency or destination

management company to the Authority, when

such licence has been revoked or not renewed

by the Authority.

Providing a service of an incoming tourism

Article 29

€232.94

agent or travel agent or destination

management company under a name which, in

the opinion of the Authority, is undesirable,

unsuitable or misleading.

Failure to exhibit the licence of an incoming

Article 30(2)

€232.94

tourism agency, travel agency or destination

management company in a prominent place in

premises where such business is carried out

(including the principal place of business and

any branches, if applicable).

Managing or operating an organised excursion

Article 32(1)

€2,329.37

operation without having previously obtained

and is being in possession of a licence issued

for such purpose by the Authority.

MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE)

First Column

Contravention

Article

Failure to return a licence of an organised Article 32(3)

excursion operator to the Authority when such

licence has been revoked or has not been

renewed by the Authority.

Providing a service of an organised excursion Article 34(a)

operator under a name which, in the opinion

of the Authority, is undesirable, unsuitable or

misleading.

Organising an excursion without the services Article 34(b)

of a tourist guide.

Failure to exhibit the licence of an organised Article 35(2)

excursion operator in a prominent place in the

premises where such business is carried out

(including the principal place of business and

any branches, if applicable).

Acting or holding oneself out as acting, as a Article 36(1)

tourist guide without having previously

obtained and being in possession of a licence

issued for such purpose by the Authority.

Failure to return a licence of a tourist guide to Article 36(3)

the Authority when such licence has been

revoked or has not been renewed by the

Authority.

Providing the services of a tourist guide in a

Article 38

name other than one’s own.

Failure to produce the licence of a tourist Article 39(2)

guide when so requested by a member of the

Authority or by any other person authorised in

writing for the purpose by the Authority or by

the Chief Executive of the Authority or by any

person who requests the tourist guide’s service

or to whom such services have been offered.

Allowing the carrying on of a tourism Article 43(1)(a)

operation (other than that of a tourist guide) in

one’s own property when such operation is not

licensed by the Authority.

Being in possession of a valid licence but Article 43(1)(b)

failing to comply with any applicable

provision of the Act or with any condition,

restriction or other limitation to which the

licence is subject including that the premises

is used solely as licensed and for no other

purpose.

Knowingly making a declaration for any Article 43(1)(e)

purpose of the Act, which is false, misleading

or incorrect in any material respect.

MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE)

First Column

Second

Column

Contravention

Article

Fine

Hindering,

obstructing,

molesting

or Article 43(1)(d)

€2,329.37

i nt e rf e r in g w i th o r a tt e m pt ing t o hi nd e r,

obstruct, molest or interfere with any officer,

employee or agent of the Authority, or any

police officer, in the execution of his duties

under the law or failing to comply with any

reasonable requirement demanded of him by

an officer, employee, agent or police officer as

aforesaid, or otherwise failing to assist him in

the carrying out of his duties, or knowingly

furnishing such officer, or employee or agent

or police officer with false information which

such officer, employee, agent or police officer

has requested for the purpose aforesaid.

Committing an offence of the same nature

€2,329.37

against the provisions of the Act and/or of the

regulations under the Act made or kept in

force thereunder a second or subsequent time

within a period of one year from the first

offence.

Any other breach against the Act or against Article 53(2)

Not less

any regulations made or kept in force

than €58.23

thereunder, not specifically indicated in this

and not

Schedule.

more than

€465.87