Collective Commentary about the New Package Travel Directive

Package Travel and Linked Travel Arrangements – The Maltese Version Adv. Dr. Jacqueline Tanti-Dougall B.A; LL .D. 1 1. Introduction; 2. Sanctions imposed in the Package Travel Regulations; 3. The Insolvency Fund Regulations; 4. Travel agents only!; 5. Online travel agency versus office based travel agency; 6. Package travel and the business traveller; 7. The Consumer Claims Tribunal – some case law involving package travel; 8. Conclusion. 1. INTRODUCTION The Package Travel and Linked Travel Arrangements Directive 2 (2015/2302) was transposed into Maltese Law as Subsidiary Legislation (S.L.) 409.19 3 on 1 July 2018, under the Malta Travel andTourism Services Act 4 (Chapter 409 of the Laws of Malta). In line with Article 27 (1) of the Malta Travel and Tourism Services Act, the MaltaTourismAuthority (MTA) is empowered tomonitor, classify and control the licensing of tourism operations in Malta, including travel agents, incoming tourism agents and destination management companies. Licensing is renewable every year and is valid up to 31 December of the year (Article 27 (2)). 2. SANCTIONS IMPOSED IN THE PACKAGE TRAVEL REGULATIONS S.L. 409.19 has been transposed practically verbatim from the European Union (EU) Directive. The only Regulation that has been “added” is Regulation 23, 1 Partner at Advocates Tanti-Dougall & Associates. Part-Time Lecturer on Travel & Tourism Law and Food Safety Law at University of Malta. International Legal Consultant on Travel and Tourism. President of International Forum of Travel and Tourism Advocates. 2 Referred to in this paper as the `EU Directive’. 3 http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=12858&l=1. 4 http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8875&l=1.