Tourism Law in Europe

3 By means of Subsidiary Legislation 409.13, enacted in October 2012, the Malta Tourism Authority also has enlisted as “tourism services” the Recreational Diving Services. Hence, licensing and monitoring of these services fall under the Tourism Act. Other areas of Tourism Law are taken directly from the European Directives and Regulations, such as the Package Travel and Linked Travel Arrangements Regulations (S.L. 409.19) and also Protection of Consumers (Timeshare, Long-Term Holiday Product, Resale and Exchange Contracts) Regulations (S.L. 409.02) which transpose the provisions of the Council Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009. 2. The Accommodation and Catering Sector The law is very clear that whosoever provides accommodation to tourists, even in a dwelling house, then, one must have a licence, unless such accommodation is provided (a) to bona fide relatives or friends, and (b) such accommodation is provided free of charge. Moreover, the law also prohibits any lease, transfer of occupation of houses to tourists, unless one would have a licence. Consequently, the law prohibits shared economy, unless the owner has a licence. The law provides that the licence could be either on annual basis or the Authority could provide a ninety-day licence, which may be extended for a further ninety-day period. Anyone who is found to be in breach of this provision may be fined between 1,164 € and 23,293 € by the Magistrate Court of Criminal Judicature. With regard to hotel accommodation, the law provides that should a hotel overbook guests, then, the hotelkeeper is to provide alternative accommodation of the same classification or higher and similar services which were offered in the first hotel, and “ as near as possible to the hotel ” 6 , and the hotelkeeper shall be responsible for any difference in price. Thus, there was a case where the night manager of a three-star hotel could not find alternative accommodation of the same classification to four guests who were 6 Article 18(8) of Chapter 409.