TOURISM OPERATIONS (GENERAL) REGULATIONS

SUBSIDIARY LEGISLATION 409.08

TOURISM OPERATIONS (GENERAL)

REGULATIONS

31st May, 2002

LEGAL NOTICE 128 of 2002, as amended by Legal Notices 186 of 2002,

409 of 2004, 85 of 2005, 426 of 2007, 270 of 2009, 289 of 2010 and 92 of

2026.

The title of these regulations is the Tourism Operations

(General) Regulations.

Amended by

L.N. 85 of 2005.

MALTA TOURISM AUTHORITY

Enforcement Notice

(as per article 41 of Part VII of the Malta Travel and Tourism Services Act)

To: .....................................................

Date: ...............................................

1. Following investigation carried out by the Malta Tourism Authority it was

found that a breach under the Malta Travel and Tourism Services Act and relative

regulations has been committed at

2. The breach consists of ..................................................................................

3. Without prejudice to the Authority’s right to take action in accordance with

the provisions of article 42 of Part VII of the said Act, you are hereby requested to

stop this breach of the law and to regularise your position IMMEDIATELY/WITHIN

.................... DAYS FROM THE DATE OF THIS NOTICE.

Malta Tourism Authority

(1)

In these regulations, unless the context otherwise

requires -

"Act" means the Malta Travel and Tourism Services Act;

"distance communication" means any way which, without the

simultaneous physical presence of the tourism operator and the

traveller, may be used for the conclusion of a contract between

these parties, and "distance selling" shall be construed accordingly;

"licence" has the same meaning as given to it by the Act and

"licensee" shall be construed accordingly;

"tourism accommodation establishments" means hotels, tourist

villages, aparthotels, guesthouses, hostels and holiday premises and

any other accommodation premises used to house tourists, whether

on a temporary or permanent bases, as the Authority may

reasonably define to fall under these regulations;

"tourism operation" has the same meaning as given to it by the

Act and "tourism operator" shall be construed accordingly,

provided that in regulations 7, 9, 10, 11, 12 and 13 "tourism

operation" does not include a tourist guide;

"travel operator" means an incoming tourism agent or a travel

agent, or a destination management company and "travel operation"

shall be construed accordingly.

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

are also used in the Act, shall have, unless the context otherwise

requires, the same meaning as in the Act.

(1) Prior to the commencement of a tourism operation, the

operator shall apply to the Authority for a licence. The Authority

shall issue a licence for the relevant tourism operation if it is

satisfied that

(a) the issue of such a licence is in conformity with

current tourism policy;

(b) the applicant is a fit and proper person, and of good

character standing;

(c) the applicant possesses the relevant qualifications,

competencies and experience as may be applicable in

terms of the Act, these or any other applicable

regulations and proven by the relevant certificates,

attestations or their equivalent as allowed by law;

(d) the premises from where the relevant tourism

operation is to be conducted complies with the

provisions of the Act, regulations made hereunder and

any other applicable requirement at law current at the

time.

(2)

Repealed by Legal Notice 92 of 2026.

(3)

Repealed by Legal Notice 92 of 2026.

(1) The Authority shall grant a licence of a tourism

operation if it is satisfied that the applicant, whether an individual

person or a body corporate, as well as the premises to be licensed,

comply with the requirements relevant to the particular tourism

operation as specified in the Act and in any regulations made

thereunder.

(2) A licence issued in respect of a tourism operation shall be

subject to the condition that the premises to be used for the

operation complies in all respects with any requirement under any

other law which may be in force from time to time.

(3) A licence of a tourism operation shall not be issued or

renewed if it is objected to by the Commissioner of Police or by

any other authority; provided that such objection is considered to

be reasonable, justified and proportionate by the Authority.

(4)

(a) When a licensee wishes to engage an operator to run all

or any part of the tourism operation, he shall obtain the

prior approval of the Authority.

(b) If the operator of a tourism operation or of any part of

such tourism operation is different from the licensee,

such licensee shall submit details of the operator to the

Authority and inform the Authority whenever the

operator is replaced

Provided that if the tourism operation, or any part

of such tourism operation, is under the sole and

exclusive control of the operator for any period

covered by the licence, the responsibility of the

operator at law shall be equivalent to that of the

licensee

Provided further, it shall be competent to the

Authority to proceed against the licensee or the

operator, or both, for any of the following

(i)

infringements of the provisions of the Act or of

regulations issued thereunder;

(ii) outstanding licence fees or contributions due to

the Authority in terms of any law.

(c) In the event of an application for the issue of a licence

being filed by a body corporate, the Authority shall

issue the said licence in the name of the body

corporate making the application and it shall be the

duty of the body corporate making such application to

submit to the Authority details relating to the operator.

(d) Where a licence is to be issued in the name of a body

corporate, it shall be incumbent on the person

requesting the issue of such licence to provide the

Authority with details of the physical person who is to

represent the body corporate in all its dealings with the

Authority. Such person so indicated shall for intents

and purposes of the Act and of regulations issued

thereunder, be responsible jointly and severally with

the licensee for each of the following

(i)

infringements of the provisions of the Act or of

regulations issued thereunder;

(ii) outstanding licence fees or contributions due to

the Authority in terms of any law

Provided that it shall be the duty of the person so

nominated to signify his responsibility by signing and

filing the appropriate form with the Authority, and to

inform the Authority whenever such responsibility

ceases.

(e) The provisions of paragraph (d) shall apply in their

entirety to situations where the operator, or a tourism

operation or any part thereof, is a body corporate.

(f)

In the event of no information being submitted by the

licensee regarding the engagement of an operator, as

required by this regulation, the licensee shall, in all

cases, be solely responsible for conforming to the

provisions of the law and the regulations made

thereunder.

(5) The licence issued by the Authority in respect of a tourism

operation shall be available at all times within the premises of the

tourism operation and shall be shown on demand to any

representative of the Authority.

Without prejudice to the obligations of the Authority in

terms of the Services (Internal Market) Act, it shall be the

responsibility of the operator of a tourism operation to obtain any

other permit, licence or authorisation required under any other law.

(1) Applications for a licence to conduct a tourism

operation are to be made on the appropriate application form issued

by th e Au th ority f or t he p urpo se , to geth er wi th ot her such

documentation required by these regulations, the Authority’s

implementation guidelines or set out in the application form.

(2) The Authority may, in ensuring whether an applicant

satisfies the requirements for a licence, request and conduct an

interview with such an applicant or request and conduct an

inspection of the premises that shall be used for the tourism

operation being applied for, and the applicant shall accede to such

requests without delay.

(3) Every applicant shall, together with the application form

submitted to the Authority, make a payment of any relevant

application fee payable to the Authority.

(4) The Authority shall, without delay, acknowledge receipt of

the application form and the application fee by letter to the

applicant and shall specify

(a) the periods mentioned in sub-regulation (6) and sub-

regulation (7) within which the Authority shall

determine the application;

(b) the procedure under which a refusal by the Authority

to grant a licence may be appealed in terms of the Act;

and

(c) that an applicant shall not be deemed to have been

issued a licence where the Authority does not

determine an application form within the periods

mentioned in sub-regulations (6) and (7).

(5) In the case of an incomplete application form, the Authority

shall, without delay, inform the applicant of the need to supply any

additional information or documentation, or of the need to conduct

any interviews or inspections referred to in sub-regulation (2), and

that the Authority shall not commence processing the application,

or proceed to the next step in the processing of the application, as

the c ase m ay b e, unless the Authority r eceives a complete

application form or the required documentation

Provided that an application form shall not be deemed to be

complete unless the Authority is in receipt of all the documentation

required to be submitted together with the application form or

certification of compliance with all requirements, including

compliance that is established by means of interview or the

inspections referred to in sub-regulation (2).

(6) The Authority shall determine whether to issue a licence,

within forty-five days from the date of receipt of a complete

application form.

(7) The period mentioned in sub-regulation (5) may, prior to

the expiry of the relevant period, be extended by the Authority for

one period of not more than sixty days. Such extension and the

reasons therefore shall be notified to the applicant without delay.

(8) Where the Authority has not determined whether to issue a

licence to an applicant, within the periods mentioned in sub-

regulation (6), or within the extended period mentioned in sub-

regulation (7), such applicant shall not be deemed, for all intents

and purposes of law, to be licensed.

(1) A licensee shall inform the Authority of his intention to

suspend his tourism operation. Should the closure be for a period of

more than two months, the licensee shall require the prior approval

of the Authority before the recommencement of the operation.

(2) When a tourism operation is suspended for a period of more

than two years, the licence shall be withdrawn.

(3) In the event that a tourism operation ceases to operate, and

the licensee intends to operate any particular facility, service or

amenity forming part of the tourism operation, the licensee shall

obtain the prior approval of the Authority.

(4) The Authority shall process requests for approvals

mentioned in sub-regulations (1) and (3) without delay and in any

case within thirty days from the day of receipt of an application.

Operators of tourism operations shall not allow their

premises to be used, or suffer to be used, at any time for any act

contrary to law or morality.

No alcoholic beverages shall be served to any person under

the age of seventeen years from any premises licensed by the

Authority.

Every tourism operation, in respect of which a licence has

been requested from the Authority under the provisions of this Act,

shall have its trading name approved by the Authority before

commencement of operations.

(1) The Authority shall, upon the classification or the re-

classification of any tourism operation requiring such classification

or re-classification, and upon payment of the relevant fee as

indicated in the Fees (Tourism) Regulations, forward to the

licensee thereof a certificate showing the name, category, class and

locality of the tourism operation establishment as well as the name

of the licensee.

(2) The said classification certificate shall be displayed in a

prominent place within the premises of the tourism operation.

Every licensee of a tourism accommodation establishment,

holiday premises or catering establishment, and any other tourism

operation if the Authority so requires, shall exhibit in a prominent

place outside the premises, a plaque indicating that the premises are

licensed and the classification assigned to them, according to a

design, size, colour and layout as the Authority may indicate.

(1) Every licensee of a tourism operation shall, when so

required by the Minister or the Authority, submit such information

relating to his tourism operation for statistical and planning

purposes as the Minister or the Authority may from time to time

require, in such form and within such time, as may be established

by the Minister or the Authority.

(2) Every licensee of a tourism operation shall inform the

Authority without delay of any changes in his tourism operation

which result, or have the potential to result, in changes in the

conditions of his licence.

(1) No person, may at any time, describe or advertise any

tourism operation unless -

(a) there is a valid licence in respect of such tourism

operation;

(b) he has obtained the prior approval of the trading name

from the Authority.

(2)

Every tourism operation shall quote the licence number in

every advertisement, publication, leaflet, brochure, broadcast or

other publication of whatever kind and in any reference

whatsoever.

(1) Without prejudice to any other applicable law,

including laws concerning distance selling, consumer rights and the

Services (Internal Market) Act, the licensee of a tourism operation

shall ensure in a clear and comprehensible manner that a traveller,

when concluding a contract for services performed through

distance selling, shall be provided with the operator’s business

address and other relevant information for identification purposes.

(2) Any contract concluded through the use of distance selling

shall include the following information

(a) the identity and address of the supplier and purchaser

of services, as well as related information;

(b) in the case of a travel agent, full details of the package

or of the services being given subject to conditions as

stipulated in the Package Travel, Package Holidays

and Package Tours Regulations;

(c) full cancellation terms;

(d) full payment terms;

(e) any additional costs ancillary to the basic rate for

services offered;

(f)

if contracted services or any part thereof are not

provided in accordance with the booking, the licensee

of a tourism operation shall be bound to provide

alternative services at least equivalent or superior to

those contracted.

(3) A licensee of a tourism operation shall provide to the

traveller in writing, or in other durable medium accessible to the

traveller, the information referred to in the previous sub-regulations

of this regulation.

(1) Without prejudice to any other applicable regulations,

no person shall place tables or other furniture outside any tourist

premises, unless he has previously been issued with a licence for

such purpose by the Authority

Provided that the infringement of any license condition

relating to the placing of tables, chairs or other objects or part

thereof by any license holder or any other person or agent under his

authority in any designated area, shall also, for the purpose of these

regulations, consist of an offence against these regulations

Provided further that for the purposes of this regulation, the

term "designated area" means a land area within markings which

the Commissioner of Land shall from time to time establish on

encroachment terms, as indicated by the Commissioner of Land, for

the purpose of the placing of tables, chairs and other objects

ancilliary thereto in public areas.

(2) If the outdoor place is owned by the Government, a permit

by the Department of Land shall be required, and where such space

is owned by a Government agency or by a person other than the

applicant, the appropriate authorisation by the owner shall be

required.

(3) Applications for such licences shall be made to the

Authority against payment of a fee as specified in the Fees

( To u r i s m ) R e g u l a t i o n s, a n d s h a l l b e a c c o m p a n i e d b y s u c h

information and documentation as may be requested by the

Authority.

(3A) Applications for licences under this regulation shall be

p r o c e ss e d b y t h e A u t h o r i t y a c c o r d i n g t o t h e p r o v i si o n s o f

regulation 5A.

(4) On approval of the application, the applicant shall be issued

with a licence on payment of the relative licence and contribution

f e e s t o t h e A u t h o r i t y a s s p e c i f i e d i n t h e F e e s ( To u r i s m )

Regulations.

(5) A licence may be granted as subject to such requirements,

conditions, limitations and exclusions that the Authority may

consider necessary, appropriate and proportionate in accordance

with the Act and regulations made thereunder.

An operator or a licensee of a tourism operation, including

a tourist guide, shall not act in collusion with an operator or

licensee of another tourism operation or with another person, to the

prejudice of a tourist.

The licensee of a tourism operation shall keep a proper

record relating to the exercise of the tourism operation.

When the Authority is satisfied that the licensee of a

tourism operation -

(a) is found guilty of an offence under the provisions set

out in the Act or in any of the regulations made

thereunder; or

(b) has within the preceding five years been found guilty

of a criminal offence in Malta or outside Malta, which

offence is punishable with a term of imprisonment for

a period of not less than six months; or

(c) has been declared bankrupt or is insolvent or has

dissolved his business for any reason whatsoever

except for the purpose of restructuring or

amalgamation; or

(d) has persistently failed to comply with any condition

imposed in his licence,

the Authority may, having regard to all circumstances of the case,

suspend, cancel, withdraw or not renew such licence to run a

tourism operation.

Before refusing to grant or renew a licence under the Act,

and before suspending, cancelling or withdrawing any such licence,

the Authority shall inform the applicant or the licence holder in

writing of its intention and shall give him an opportunity to make

representations within the time stipulated by the Authority.

(1) Any notice, communication or other document, and

any authorisation issued by or on behalf of the Authority shall be

signed either by the Chairman or the Chief Executive of the

Authority or by the Chairman or Director of the appropriate

directorate of the Authority or by any other person so authorised on

their behalf.

(2) Any notice, communication, or other document, intended

for the attention of the Authority, shall be addressed to the

Chairman or to the Chief Executive of the Authority or to the

Chairman or Director of the appropriate directorate.

(1) Any person authorised in writing by the Authority as

provided for in article 40 of the Act, may -

(a) enter and inspect at all reasonable times, any premises

being used as a tourism operation, whether it is

licensed under the Act or otherwise;

(b) board land and seaborne transport, to investigate a

breach in relation to the provisions of the Act or any

regulations made thereunder;

(c) require any tourism operator to produce, verbally or in

writing, any operational information as may be

reasonably required in relation to the inspection being

carried out;

(d) examine and withdraw copies of any records found

therein which he has reason to believe may contain

evidence of any offence committed against the

provision of the Act or any regulations made

thereunder;

(e) enquire from any person who appears to him to be

engaged in, or carrying on, or employed in the

business of the tourism operation, on any matter

relating to the application or the compliance with the

provisions of the Act or any regulations made

thereunder;

(f)

obtain photographic and video recordings as necessary

evidence.

(2) Any person authorised to carry out an inspection of a

tourism operation, shall provide means of identification or written

authorisation.

(3) Any person carrying out such inspection shall give a written

receipt of any object or document withdrawn by him under the

provisions of this regulation, to the person from whose possession

such object or document has been withdrawn.

The enforcement notice, as provided for in article 41 of the

Act, shall be in the form specified in the Schedule or in any other

modified form as the Authority may deem appropriate in the

particular circumstances of any case.

(1) Compliance with the provisions of these regulations

shall be deemed to be a condition to which a licence to operate any

tourism operation is subject, irrespective of whether reference to

these regulations is made in the licence itself.

(2) Any person who fails to comply with any of the provisions

of these regulations shall be guilty of an offence, and shall be liable

to the fines and penalties as indicated in articles 43 and 45 of the

Act.

(3) Any person who fails to comply with the provisions of

regulation 15(1) shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of one hundred and sixteen

e u r o a n d f o r t y- s e v e n c e n t s ( € 11 6 . 4 7 ) i n r e s p e c t o f a n y

contravention.

Any licence issued under the Hotels and Catering

Establishments Regulations, 1972, and the Guesthouses and

Holiday Furnished Premises Regulations, 1976, repealed by these

regulations, and which is in force immediately before such repeal

shall, subject to compliance with the provisions of the Act and to

the regulations made thereunder, continue to be in force thereafter

as if it were a licence granted under the Act and the regulations

made thereunder.

TOURISM OPERATIONS (GENERAL)