L.S. 409.17 Regolamenti dwar Inġunzjonijiet għall-Ħarsien ta' l-Interessi tal-Konsumaturi (Pakkett ta' l-lvvjaġġar u Protezzjoni ta' Xerrejja f'Kuntra

(1)requires - Interpretation. In these regulations, unless the context otherwise "the Act" means the Malta Travel and Tourism Services Act; " t h e A u t h o r i t y " m e a n s t h e M a l t a To u r i s m A u t h o r i t y a s established under the Act; "the Commission" means the Commission of the European Community; "the Court" means, unless otherwise stated in these regulations, the Court of Magistrates in its civil jurisdiction; "EEA State" means any State which is a contracting party to the agreement on the European Economic Area signed at Oporto on the 2nd May, 1992 as amended by the Protocol signed at Brussels on 17th March, 1993 and as amended from time to time; "European Community" means the organisation established by the Treaty of Rome in 1957 and amended institutionally and otherwise in 1986 by the Single European Act, in 1993 by the Treaty on European Union, in 1997 by the Treaty of Amsterdam and in 2001 by the Treaty of Nice and as amended by accession agreements and as may be further amended from time to time; "the Injunctions Directive" means Directive 98/27/EC of the European Parliament and of the Council of 19th May, 1998 on injunctions for the protection of consumers’ interests; "list of qualified entities" means the list compiled and updated by the Commission and published in the Official Journal of the European Communities listing the qualified entities in Member St a te s an d E E A St a t es i n ac c o r d an c e w i t h A r t i cl e 4 o f t h e Injunctions Directive; "Member State" means a member of the European Community; "the Package Travel Directive" means Council Directive 90/314/ EEC of 13th June 1990 on package travel, package holidays and Cap.

1. 1 2 [ S.L.409.17 INJUNCTIONS FOR THE PROTECTION OF THE INTERESTS OF CONSUMERS (PACKAGE TRAVEL AND PROTECTION OF BUYERS IN CONTRACTS FOR TIME SHARING OF IMMOVABLE PROPERTY) package tours; S.L. 409.01 "the Package Travel Regulations" means the Package Travel, P a c k a g e H o l i d a y s a n d P a c k a g e To u r s R e g u l a t i o n s , w h i c h regulations transpose the Package Travel Directive; "qualified entity" means any body or organisation which, being properly constituted according to the law of a Member State, has a legitimate interest in ensuring that the provisions referred to in regulation 3 are complied with and, without prejudice to the generality of the foregoing, includes: (a) a registered consumer association within the meaning of Part IV of the Consumer Affairs Act, Cap.
2. (b) one or more independent public bodies, having a legitimate interest in ensuring the protection of the collective interests of (i) consumers of package travel, package holidays and package tours, and, or (ii) buyers in contracts for time sharing of immovable property, in other Member States or EEA States in which such bodies exist, (c) voluntary organisations in other Member States or EEA States whose purpose is to protect the interests referred to in paragraph (b) of this definition in accordance with the criteria laid down by their national law, (d) organisations recognised by the Authority as collectively representing travel agents and, or sellers of time sharing of immovable property, or (e) any qualified entity from a Member State or EEA State included in the list of qualified entities; "the Timeshare Directive" means Council Directive 94/47/EC of the European Parliament and of the Council of 26th October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis; S.L. 409.02 "the Timeshare Regulations" means the Protection of Buyers in Contracts for Time Sharing of Immovable Property Regulations, which regulations transpose the Timeshare Directive.

(2)Words and expressions used in these regulations which are also used in the Act, the Package Travel Regulations or the Timeshare Regulations shall have the same meanings as in the Act, the Package Travel Regulations or the Timeshare Regulations.

(3)The provisions of the Act unless provided otherwise in these regulations, shall apply in relation to any notification of any acts however so described and, or of any enforcement measures. Object.

1. The object of these regulations is to implement the INJUNCTIONS FOR THE PROTECTION OF THE INTERESTS OF CONSUMERS (PACKAGE TRAVEL AND PROTECTION OF BUYERS IN CONTRACTS FOR TIME SHARING OF IMMOVABLE PROPERTY) [ S.L.409.17 3 provisions of the Injunctions Directive insofar as it is applicable in protecting the collective interests of consumers and, or of buyers in relation to the Package Travel Regulations, and to the Timeshare Regulations, and shall be interpreted and applied accordingly.
2. These regulations apply to any transaction or requirement under the Package Travel Regulations and, or under the Timeshare Regulations. Scope. 5.

(1)Where a qualified entity wishes to seek a compliance order, it shall submit a written application to the Authority. In its application, it shall satisfy the Authority that it has tried to achieve the cessation of the infringement of the Package Travel Regulations and, or of the Timeshare Regulations in consultation with either the defendant or both the defendant and another qualified entity of the Member State or EEA State in which the compliance order is sought. The Authority shall only entertain a written application if the qualified entity shows to its satisfaction that the cessation of the infringement was not achieved within two weeks after the request for consultation was received. Application for compliance orders by qualified entities.

(2)Where the qualified entity is from another Member State or EEA State, the Authority shall treat the list of qualified entities published by the Commission as conclusive proof of the legal capacity of the legal entity to present such written application in Malta.

(3)The Authority shall, at the request of a qualified entity from Malta, communicate to the Commission the name and objects of such an entity, and that such qualified entity should be added to the list of qualified entities so as to facilitate the redress of intercommunity infringements.

(4)Before proceeding to the issue of a compliance order under regulation 6, the Authority shall, if it considers it to be possible and reasonable to do so, seek first to achieve voluntary compliance by a person against whom the compliance order is sought, in accordance with these regulations, the Act, the Package Travel Regulations, the Ti m es h a r e R e g u l a t i o n s a n d , o r a n y o t h e r l a w d e a l i n g w i t h consumer protection.

(5)For the purposes of these regulations, an infringement occurs when any act or omission is committed contrary to the Package Travel Regulations and, or the Timeshare Regulations which act or omission harms the collective interests of consumers. 6.

(1)Where the Authority feels that it is reasonably appropriate or necessary for the protection of consumers, it may, of its initiative or on a written application to it by a qualified entity, issue a compliance order against any person for one or more of the following purposes: (

1. a)requiring any such person to take any measures specified in the compliance order, within the time specified in the order to ensure that the provisions of the Package Travel Regulations and, or the Timeshare Regulations are complied with; Issue of compliance orders. 4 [ S.L.409.17 INJUNCTIONS FOR THE PROTECTION OF THE INTERESTS OF CONSUMERS (PACKAGE TRAVEL AND PROTECTION OF BUYERS IN CONTRACTS FOR TIME SHARING OF IMMOVABLE PROPERTY) (
2. b)requiring any such person to cease or desist from committing a breach of the Package Travel Regulations and, or of the Timeshare Regulations.

(2)The Authority shall, when issuing a compliance order under these regulations: (

1. a)notify a copy of the compliance order on each person against whom the order is made; (
2. b)include with the compliance order, information about the right to contest the order before the Court; and (
3. c)briefly state the reasons for issuing the compliance order, which reasons shall be notified to each person against whom the order is issued and, if any, to the qualifying body on whose application the order is issued.

(3)No precautionary warrant or other order however so described under any other law shall be issued by any court or tribunal restraining or restricting the Authority from issuing a compliance order under these regulations. Discretion of the Authority to issue a compliance order. 7.

(1)It shall be at the discretion of the Authority whether or not to issue a compliance order after a written request by a qualified entity has been made to it in accordance with regulation 6

(1).

(2)If the Authority decides not to issue a compliance order after an application has been made to it by a qualified entity, the Authority shall, within seven days from the date of its decision, notify in writing the qualified entity and the persons against whom the compliance order is requested with its decision stating the reasons thereof. Compliance order to take immediate effect. 8. A compliance order issued by the Authority shall come into force with immediate effect. Appeal from a compliance order. 9.

(1)A person against whom a compliance order has been made, may, within fifteen days from receipt of notification of the compliance order, institute an action before the Court requesting the revocation or amendment of the compliance order, giving detailed grounds thereof. The Authority and where appropriate any qualifying entity that may have requested the issue of the compliance order, shall be notified with the action and shall have fifteen days from the date when they are notified with the action in which to reply.

(2)The Court may confirm, change or cancel the compliance order as it considers appropriate, provided that in doing so the Court shall in all instances state its reasons thereof.

(3)Where an action is instituted under this regulation, the compliance order shall remain in force unless the Court at the request of the party contesting the order, specifically orders that the compliance order shall be stayed pending the outcome of the action, subject to such conditions and amendments to the order as INJUNCTIONS FOR THE PROTECTION OF THE INTERESTS OF CONSUMERS (PACKAGE TRAVEL AND PROTECTION OF BUYERS IN CONTRACTS FOR TIME SHARING OF IMMOVABLE PROPERTY) [ S.L.409.17 5 the Court may determine.

(4)Subject to the provisions of this regulation, the provisions of the Code of Organization and Civil Procedure shall, mutatis mutandis, govern any actions made to the Court. Cap.

2. Actions instituted under regulations 7 and 9 shall be heard and determined by the Court with urgency and as expeditiously as possible: Cases to be heard and determined with urgency. Provided that the Court at the request of any of the parties to the proceedings before it, may abridge any of the time-frames established under these regulations in relation to the conduct of the action before it.
3. The Authority, when issuing a compliance order under these regulations, shall not be required to prove: No need to prove actual loss, etc. (a) actual loss or damage; or (b) actual recklessness, negligence or fault on the part of the person against whom the compliance order is made. 12.

(1)The Authority may, for the better information of the public: Authority may require publication. (

1. a)communicate in any manner it considers appropriate, a copy of a compliance order made under regulation 6 against any person, in full or in part; and, or (
2. b)order the person against whom the compliance order has been issued, to communicate in any manner the Authority may consider appropriate, a corrective statement in relation to any infringement of the Package Travel Regulations and, or the Timeshare Regulations.

(2)Communications in terms of sub-regulation

(1)shall be made at the expense of the person against whom the order has been issued in at least two daily newspapers within seven days from receipt of a notice requiring the person concerned to pay the expenses involved in the issue of such communications: Provided that where the communications are not made as aforesaid, the Authority may proceed to issue the communications itself: Provided further that any expenses incurred by the Authority in issuing any communications made by it in accordance with the provisions of this regulation, shall be recoverable as a civil debt from the person against whom the compliance order was issued. 13.

(1)A person who acts in breach of any other provision of these regulations, or fails to comply with a compliance order issued under these regulations shall commit an offence against these regulations and shall be liable on conviction to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents Failure to comply with order. Amended by: L.N. 426 of 2007. 6 [ S.L.409.17 INJUNCTIONS FOR THE PROTECTION OF THE INTERESTS OF CONSUMERS (PACKAGE TRAVEL AND PROTECTION OF BUYERS IN CONTRACTS FOR TIME SHARING OF IMMOVABLE PROPERTY) (€232.94) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) and, or to a fine (multa) of not less than fifty-eight euro and twenty-three cents (€58.23) and not exceeding one hundred and sixteen euro and forty-seven cents (€116.47) for each day during which the offence continues.

(2)If the Authority is satisfied that the person against whom a compliance order has been issued has repeatedly failed to comply with a compliance order issued under these regulations, the Authority may then suspend or decline to renew any licence that that person may have under the Act for a period not exceeding one year.