Collective Commentary about the New Package Travel Directive

MALTA | JACQUELINE TANTI-DOUGALL 1027 Furthermore, Article 45(3) 6 contemplates that, should a person who does not comply to pay or fails to remedy the situation within the time frame that the Authority has stipulated, then, this would be considered as a fine and criminal proceedings would be taken against him in line with the Criminal Code 7 . 3. THE INSOLVENCY FUND REGULATIONS In line with Regulation 23 (3) of S.L. 409.19, all travel agents selling travel packages mustcontributetotheInsolvencyFundandconsequentlyabidebythe Package Travel Insolvency Fund Regulations 8 , which were enacted on 4 October 2016. The background to the enactment of these Regulations was covered with certain detail in an article by entitled “ The PackageTravel Insolvency Fund Regulations – the Maltese Perspective ” 9 . One of the main reasons behind these new Regulations was to fulfil the obligation imposedby theNewEUPackageTravel Directive. Article 2 of the Insolvency Fund Regulations describes the appointment of a Board, and the main objective thereof is “ to provide security for the refund of all payments made by or on behalf of travellers insofar as the relevant services are not performed as a consequence of the organiser`s insolvency, including repatriation where applicable .” The Insolvency Fund is made up of five persons, they being two persons who are nominated by the Authority, two persons nominated by the Federation of Traveland Tourism Association, and one person nominated by the Minister for Tourism. The Board lacks a representative from the Malta Competition and Consumer Affairs Authority (MCCAA), which, in the author’s opinion, would have been an asset. The functions of the Board, besides setting up the Fund, include: (a) to administer and manage the Fund; (b) todecideandexamine thecurrent travel packageandwhoshall contribute to the Fund; (c) to ensure that contributors are contributing to the Fund; 6 “Article 45(3) of the Malta Travel and Tourism Services Act does not stipulate which provisions of the Criminal Code would be applicable, but the author assumes that these would be when one would have failed to abide by a lawful order”. 7 Chapter 9 of the Laws of Malta. 8 www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=12574&l=1; (Chapter 409.18 of the Laws of Malta). 9 Tanti-Dougall, Jacqueline Adv. Dr., article published in 2017, in “The New Package Travel Directive”, by Estoril Hight Institute for Tourismand Hotel Studies and INATEL Foundation, edited by Prof. Carlos Torres(Pages 253 et seq. ).