Collective Commentary about the New Package Travel Directive

1034 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE organising package tours than, it would be necessary for the company to contribute to the insolvency fund. In line with Article 28 (2) of the Malta Travel and Tourism Services Act, whereas a “normal” travel agency would be required to have an office in line with the Planning Authority’s Regulation, a web page operation does not require an office. The online travel agency would be also bound by other national laws, such as the registration of Value Added Tax (VAT) and also registered with the Tax Department. The online travel agency must satisfy various criteria, including that the Company must employ a person who holds a residence in Malta, but not necessarily the licensee.This could be the designated operator , and this one must be registered with the MaltaTourism Authority. The designated operator must be of a good character; be fit and proper to be granted a licence in relation to the business that one would be running. Moreover, one should have the necessary experience to run such a business. Should the Travel Agency not be web-based, then, there would be no need for the person to be a Maltese Citizen as long as s/he is in line with the requisites of the Malta Travel and Tourism Services Act. 6. PACKAGE TRAVEL AND THE BUSINESS TRAVELLER In line with the above explanation, the author could confidently emphasise that both the PackageTravel Regulations and the PackageTravel Insolvency Fund have been enacted to safeguard the “traveller”. However, one is to ask – who is the traveller? As Regulation 3 (c) 24 has excluded “business travel between a trader and another natural or legal person” , the criteria of “ subjective acts of trade ” and “ objectiveacts of trade ” come into play as contemplated in the Commercial Code 25 . So, if a “businessman” buys the same package as his family who would be accompanying him for the journey, then, should the travel agent declare to be insolvent whilst abroad, his family would be repatriated because they would have been issued with the certificate, whereas the businessman would be left behind. Moreover, what if the “businessman” would travel for business and then, allowsome days for pleasure…would that “businessman” be partially covered? 24 Regulation 2 (c) of the Directive. 25 Article 5 of Chapter 13 of the Laws of Malta.