Tourism Law in Europe
6 Language. Consequently, the applicant and his household are duty bound to his household are duty bound “ to be of good character and are fit to receive and provide accommodation to guests in their residence .” [art. 3(1)(b)]. Article 5 stipulates that the Authority would request a police conduct of the applicant and also “ a declaration that neither he nor any member of his household have been convicted for drug related offences or for crimes against the good order of families ”. The applicant shall grant the Authority “ the right to have access to his police record and to that of the members of his household ”. Furthermore, the host family shall ensure that the house where the students are to be accommodated is “ suitable” [art. 3(1)], and, more importantly, that the host family is able to communicate in the English language. Both the Authority and the educational institute who has contracted with the host family is entitled to make inspections of the premises of the host family to ensure compliance with this Subsidiary Legislation. This Subsidiary Legislation cannot be seen as a stand-alone, as albeit it is the Authority who issues the licence, the law empowers also the Monitoring Board which is established under the National Minimum Conditions (Schools Teaching English as a Foreign Language) ((Subsidiary Legislation 327.65) to recommend to the Malta Tourism Authority to revoke or suspend a licence. 4. The Hotelkeeper’s Liability Another interesting point to consider is the 1962 Convention of the Liability of the Hotel- keepers concerning the Property of their Guests. This Convention has been entrenched not in Chapter 409 of the Laws of Malta but in article 1039 of the Civil Code (Chapter 16 of the Laws of Malta), as during the ratification, Malta lacked a Tourism Legislation. The objectives are two-fold: (a) to provide a remedy where any property of a guest is alleged to have been stolen or damaged during the guest’s stay at the hotel, and (b) to encourage hotelkeepers to construct safes in their hotels so that the property of the guests could be safely deposited therein.
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