MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE) [ S.L.409.06 1 SUBSIDIARY LEGISLATION 409.06 MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE) REGULATIONS 31st May, 2002 LEGAL NOTICE 126 of 2002, as amended by Legal Notices 185 of 2002 and 426 of
- The title of these regulations is the Malta Tourism Authority (Special Procedure) Regulations. Citation.
- For the purposes of article 45 of the Malta Travel and Tourism Services Act, hereinafter referred to as "the Act", the fines that may be imposed for the offences shown in the First Column of the Schedule shall be those shown in the Second Column of the said Schedule. Special procedure. Cap.
- 3.
(1)requires: Interpretation. In these regulations unless the context otherwise "certificate of classification" means the certificate issued by the Authority certifying the classification assigned to the hotel, guest house, hostel, holiday premises or catering establishment; "register" means the record of guests kept by the keeper of a hotel, guest house, hostel and holiday premises which show the name and other particulars of every guest staying in the hostel, guest house, hostel or holiday premises;
(2)Words and expressions used in these regulations and which are also used in the Act, shall have the same meaning as in the Act. [ S.L.409.06 2 Substituted by: L.N. 426 of
- MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE) SCHEDULE First Column
- Contravention Article Managing or operating a hotel, guest house, Article 18
(1)hostel, holiday furnished premises or catering establishment without a licence issued for such purpose by the Authority. Providing accommodation in a house to Article 18
(2)tourists without a licence issued for such purpose by the Authority. Granting on lease to a tourist or allowing a Article 18
(3)tourist to occupy a house in Malta under any title or transferring any right of lease to a tourist or other title to occupation, of any such house, to a tourist without a licence issued for that purpose by the Authority. Failure to return a licence to the Authority, Article 18
(6)when such a licence issued by the Authority has been revoked or not renewed by the Authority. Failure to provide alternative accommodation Article 18
(8)t o c o n t r a c t e d p e r s o n s i n c a s e s o f o v e rbooking. Using a name of a hotel, guest house, hostel, Article 19
(1)
(2)holiday furnished premises, catering establishment or house used for the accommodation of tourists, which name, in the opinion of the Authority, is considered as undesirable, unsuitable or misleading. Failure to keep a hotel, guest house, hostel, Article 21
(2)holiday premises or catering establishment up to the standard required of its category and classification and as a result of which the hotel, hostel, holiday premises or catering establishment is classified into a lower category. Failure to return a certificate of classification Article 21
(4)to the Authority, when such certificate has been revoked or substituted by the Authority. Advertising or representing a hotel, guest Article 22 house, hostel, holiday premises or catering establishment: Second Column Fine €2,329.37 €1,164.69 €1,164.69 €232.94 €232.94 (for every person) €232.94 €232.94 €232.94 MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE) [ S.L.409.06 First Column Contravention (
- a)as belonging to a different category or classification from that officially categorised or classified by the Authority AND/OR (
- b)as offering particular amenities and/or services when such facilities and/or services are not available at the time when such advertising and representation are made. 10. Failure to keep a register in the prescribed form wherein the name and other particulars of each guest are to be recorded. 11. Failure to present such register of guests, whenever so requested, by any police officer not below the rank of inspector or by any member of the Authority or by any other person authorised in writing for the purpose by the Chairperson of the Authority. 12. Managing or operating an incoming tourism a g e n c y, a t r a v e l a g e n c y o r d e s t i n a t i o n management company without having previously obtained and being in possession of a l ic e nc e is s u e d f o r s u c h p u rp o s e b y t he Authority. 13. Failure to return a licence of an incoming tourism agency, travel agency or destination management company to the Authority, when such licence has been revoked or not renewed by the Authority. 14. Providing a service of an incoming tourism agent or travel agent or destination management company under a name which, in the opinion of the Authority, is undesirable, unsuitable or misleading. 15. Failure to exhibit the licence of an incoming tourism agency, travel agency or destination management company in a prominent place in premises where such business is carried out (including the principal place of business and any branches, if applicable). 16. Managing or operating an organised excursion operation without having previously obtained and is being in possession of a licence issued for such purpose by the Authority. Article 3 Second Column Fine €2,329.37 (for default under 9(a)) €1,164.69 (for default under 9(b)) Article 24 €1,164.69 Article 25 €232.94 Article 27
(1)€2,329.37 Article 27
(3)€232.94 Article 29 €232.94 Article 30
(2)€232.94 Article 32
(1)€2,329.37 4 [ S.L.409.06 MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE) First Column Contravention Article 17. Failure to return a licence of an organised Article 32
(3)excursion operator to the Authority when such licence has been revoked or has not been renewed by the Authority. 18. Providing a service of an organised excursion Article 34(
- a)operator under a name which, in the opinion of the Authority, is undesirable, unsuitable or misleading. 19. Organising an excursion without the services Article 34(
- b)of a tourist guide. 20. Failure to exhibit the licence of an organised Article 35
(2)excursion operator in a prominent place in the premises where such business is carried out (including the principal place of business and any branches, if applicable). 21. Acting or holding oneself out as acting, as a Article 36
(1)tourist guide without having previously obtained and being in possession of a licence issued for such purpose by the Authority. 22. Failure to return a licence of a tourist guide to Article 36
(3)the Authority when such licence has been revoked or has not been renewed by the Authority.
- Providing the services of a tourist guide in a Article 38 name other than one’s own.
- Failure to produce the licence of a tourist Article 39
(2)guide when so requested by a member of the Authority or by any other person authorised in writing for the purpose by the Authority or by the Chief Executive of the Authority or by any person who requests the tourist guide’s service or to whom such services have been offered. 25. Allowing the carrying on of a tourism Article 43
(1)(a) operation (other than that of a tourist guide) in one’s own property when such operation is not licensed by the Authority. 26. Being in possession of a valid licence but Article 43
(1)(b) failing to comply with any applicable provision of the Act or with any condition, restriction or other limitation to which the licence is subject including that the premises is used solely as licensed and for no other purpose. 27. Knowingly making a declaration for any Article 43
(1)(e) purpose of the Act, which is false, misleading or incorrect in any material respect. Second Column Fine €232.94 €465.87 €1,164.69 €232.94 €1,164.69 €232.94 €232.94 €232.94 €232.94 €1,164.69 €1,164.69 MALTA TOURISM AUTHORITY (SPECIAL PROCEDURE) First Column [ S.L.409.06 5 Second Column Fine €2,329.37 Contravention Article 28. Hindering, obstructing, molesting or Article 43
(1)(d) i nt e rf e r in g w i th o r a tt e m pt ing t o hi nd e r, obstruct, molest or interfere with any officer, employee or agent of the Authority, or any police officer, in the execution of his duties under the law or failing to comply with any reasonable requirement demanded of him by an officer, employee, agent or police officer as aforesaid, or otherwise failing to assist him in the carrying out of his duties, or knowingly furnishing such officer, or employee or agent or police officer with false information which such officer, employee, agent or police officer has requested for the purpose aforesaid. Cap. 409 €2,329.37 29. Committing an offence of the same nature against the provisions of the Act and/or of the regulations under the Act made or kept in force thereunder a second or subsequent time within a period of one year from the first offence. Not less 30. Any other breach against the Act or against Article 53
(2)than €58.23 any regulations made or kept in force and not thereunder, not specifically indicated in this more than Schedule. €465.87