Tourism Law in Europe

8 Thus, in a case Nigel Mallett versus Dolmen Complex Limited , decided on 28 March 2019, by the First Hall Civil Court, the plaintiff was attending a conference on 14 November 2018, at the Hotel. He slipped on the stairs, after a contractor who took care of the plants of the hotel allowed water to seep onto the stairs. Due to the slip, plaintiff suffered 8% disability. The plaintiff claimed that this injury occurred because of the negligence, imprudence and lack of care of the defendant. The Court concluded that the hotelkeeper is to provide a safe environment to his guests and visitors. Hence, the fact that the contractors were the ones who spilt the water, was not considered due to article 1037 of the Civil Code which stipulates that: “ Where a person for any work or service whatsoever employs another person who is incompetent, or whom he has no reasonable grounds to consider competent, he shall be liable for any damage which such other person may, through incompetence in the performance of such work or service, cause to others .”. Hence, the defendants were to compensate the victim 11,160 €. With regard to prescription, this is neither contemplated in the Tourism Legislation. However, the Courts have made it clear that a hotel guest has a contract with the hotelkeeper, consequently, one can file a case against the hotelier within five (5) years from the day of the accident. However, should there be a visitor at the hotel, the prescription to file a case against the hotelkeeper would be of two (2) years. Consequently, the law of Tort is directly applicable to the hotelkeeper and to any other tourism operator. Indeed, in order to avoid, as much as is reasonably possible, accidents from happening in any tourism operation, is to ensure to have risk assessments and address/eliminate/avoid any hazards and this in order to provide the control measures necessary in line with the Occupational Health and Safety Authority Act and its Subsidiary Legislation (Chapter 424 of the Laws of Malta). 5. Enforcement Provisions Indeed, as mentioned earlier, any licenced operator in Malta, be it a hotel, catering establishment, travel agency, diving centre, excursion operator etc., must abide by the laws enacted under the Malta Travel and Tourism Services Act.