Collective Commentary about the New Package Travel Directive

MALTA | JACQUELINE TANTI-DOUGALL 1035 The author opines that there could be room for abuse, because for two Euros, a businessman would not say anything as for the purpose of his trip, and just obtain the certificate as an insurance for insolvency, besides having all the “protection” of S.L. 409.18 and S.L. 409.19 which, in the author’s opinion, probably defeats the whole purpose of Regulation 3 of S.L. 409.19 (Regulation 2 of the EU Directive). 7. THE CONSUMER CLAIMS TRIBUNAL – SOME CASE LAW INVOLVING PACKAGE TRAVEL S.L. 409.19 covers the obligations of the travel agent, as to how one is to render a service to the consumer when selling a package travel. This is further implied whereby the penalties imposed on regulations 23 in S.L. 409.19 are not Civil Sanctions but rather Criminal Sanctions. Moreover, should the services contracted not be met in line with the contract, then, the consumer would have recourse to the Consumer Claims Tribunal or the Civil Court depending on the amount of the claim. Consequently, should the complainant decide to have recourse to the Consumer Claims Tribunal, then, the claim cannot exceed the sum of € 3,500, exclusive of interests and costs. Should the claim exceed € 3,500, a complainant could still file the case before the Consumer Claims Tribunal but one would be required to declare that any excess sum thereof would be forfeited. Alternatively, one could file the case in the Small Claims Tribunal (the claim cannot exceed € 5,000.00) or the Civil Court (the claim would exceed € 5,001.00). However, the latter two Courts do not award any moral damages. The main advantages are that the procedures before the Consumer Claims Tribunal are rather informal and deemed to be more efficient than the Civil Law Court. It is not mandatory to have legal assistance, and if either the defendant or the claimant opts to have legal assistance, then, the costs thereof would be borne by the party who chooses to be so represented. This is clearly stipulated in Article 25 (2) of the Consumer Affairs Act (Chapter 378 of the Laws of Malta) “ in no case shall costs be awarded in connection with any expenses consisting of legal fees or any fees however so called paid by any of the parties to advocates, legal procurators or any other person assisting the parties before the tribunal.” Another advantage which is found in Article 21 (2) of this law is that the Tribunal may order the trader to pay moral damages to the consumer. Through