Collective Commentary about the New Package Travel Directive

MALTA | JACQUELINE TANTI-DOUGALL 1029 Should a licence be revoked, the bond will be retained by the fund until it is confirmed that there is no exposure topotential claims on the fund. In this case, this will happen no later than 60 days from the completion of the last certified organised package. The Board has provided a certification system accessible to travel agents through an online central database. Consequently, it is mandatory for every travel agent who falls within theTravel Package Regulations to issue certificates to travellers confirming their protection. The amount of the contribution is of two Euros (€ 2.00) per adult. Since the EU Directive defines “minor” under 18 years of age, so far,minors donot contribute thereto, however, certificates would still be issued in their favour. It is interesting to point out that both EU Directive and S.L. 409.19 do not provide any exceptions with regard to minors. Under Maltese law, a citizen who is 16 to 18 years old is empowered to vote in the Local Council’s elections 11 , can be a candidate to local councils’ elections 12 , is allowed to marry 13 and also to enter into acts of trade 14 . Moreover, a minor between 16 to 18, charged with a criminal offence under the Criminal Code, if proven “ beyond reasonable doubt ” would still be found guilty, but the offence would be decreased by one or two degrees 15 . The certificates include: (a) the dates of issue, (b) the name of the licensed trader, (c) the relevant booking reference, (d) the name of the lead traveller, (e) the amount received in respect of the package, 11 Article 57 of the Constitution of Malta (Laws of Malta). 12 Local Government Act (Chapter 363 of the Laws of Malta) whereby Article 3 (B) stipulates that “Persons who attain sixteen years of age shall have the right to contest Local Council elections: Provided that if a person of an age between sixteen years and eighteen years is elected to Council and obtains the majority of votes from the party which gets the majority of votes in the first count, he shall not be declared a Mayor.”. 13 Article 3 of the Marriage Act (Chapter 255 of the Laws of Malta). 14 Article 9 of the Commercial Code (chapter 13 of the Laws of Malta) contemplates that “ a minor who has attained the age of sixteen years, may trade and shall be deemed to be a major with regard to obligations contracted by him for purposes of trade, if he would have been previously authorized by the parent to whose authority he is subject to, by means of a public deed, … or authorised accordingly by the judge of the Civil Court, First Hall .”. 15 Article 37. (1) The minor under sixteen years of age shall also be exempt from criminal responsibility for any act or omission done without any mischievous discretion. (2) In the case where the act or omission is committed by a minor who is aged between fourteen to sixteen years of age, who acts withmischievous discretion, the applicable penalty shall be decreased by one or two degrees.