Collective Commentary about the New Package Travel Directive

MALTA | JACQUELINE TANTI-DOUGALL 1031 Moreover, if the traveller had already commenced the package, then, the Managing Board would provide him with the options of either having a refund of the services that he would have paid for, but would not have utilised till then, or ensure that all the package that he would have paid for, including repatriation would be paid for from the insolvency fund. The Managing Board has sixty days to finalise a decision after receiving the claim. 4. TRAVEL AGENTS ONLY! As stated before, travel agents are bound by SL 409.18 and S.L. 409.19, however, as far as “linked travel arrangements” are concerned, they are not actually licensed by the Authority per se. These should be “regulated” by SL 409.19 but it is clear that, to date, they are neither covered by SL 409.18 with regard to the Travel Package Insolvency Fund Regulations. In addition, it is doubtful whether any linked travel plans have been effectively identified by the Malta Tourism Authority. Thus, it is clear that Maltese registered airline which is providing linked travel arrangements through one’s website is not bound to issue any certificates for any possibility of insolvency thereof. It could be stated that the actual operating licence of the aviation company does not fall within the jurisdiction of the Malta Tourism Authority but under the Ministry for Transport. Consequently, should Regulation 8 (2) of the Insolvency Fund Regulations which stipulates “ All package travel organiser which are duly licensed by the Malta Tourism Authority and which the Insolvency Board deems as contributors, shall contribute to the Fund ”, be considered inapplicable? However, this may seem to be rather strange to say the least, since it is quite evident that one would be selling linked travel arrangements through the website. This remains a moot point and to date, the airline industry which sells travel packages online is not deemed to fall within this ambit of selling actual travel packages for the purpose of both the Package Travel Regulations and the Insolvency Fund. This has been also discussed recently on 21 June 2019, in the “Report from the Commission to the European Parliament and the Council on the provisions of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements applying