Collective Commentary about the New Package Travel Directive

1030 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE (f ) the nature of the services, and (g) the start and end date of the packaged services. Should there be an insolvent travel agent, the Board shall make a public announcement in at least two national papers and through a press release. It shall also inform the Office for Consumer Affairs. An example could be cited whereby the Malta Competition and Consumer Affairs Authority issued a public warning statement on 21 August 2018 regarding A.P.C. Travel Bureau Limited, due to the number of complaints received thereby which related to pre-paid bookings which allegedly had not been honoured, despite promises from the company to rectify the situation. The statement said that “ a number of complaints were also received at the Malta Tourism Authority, and both entities are collaborating on this matter to assist consumers. In view of these circumstances, the Office is due to further analyse and to consider taking any necessary measure/s in accordance with the relevant provisions of the Consumer Affairs Act against A.P.C. Travel Bureau Limited. The Director General (Consumer Affairs) would also like to highlight that the licence for A.P.C. Travel Bureau Limited has been revoked by the Malta Tourism Authority and an Enforcement Notice was served on the 2nd August 2018 wherein the taking of new bookings for travel was prohibited with immediate effect and that existing bookings with A.P.C. Travel Bureau Limited had to be honoured. This following repeated warnings by theMaltaTourismAuthority and the recommendation by the Insolvency Fund Managing Board of the same Authority. Any complaints or concerns with regards to this Company are to be addressed to the Office for Consumer Affairs … ”. The public would have thirty running days to inform the Board of any payments which would have been paid to the now insolvent travel agent. The claims must be supported by the certificates above referred to. In such a situation, the Board shall appoint an administration committee to study the claims and see the possibilities of whether: (a) the funds could be recovered from the trader, or (b) if the funds were already paid out to potential suppliers, to establish whether the services can still be provided to the consumer. Should the traveller not be able to use the package travel that he has purchased, he could either choose to be refunded on the part of the package that he would not have utilised, or for a complete refund.

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