L.S. 409.08 Regolamenti dwar Attivitajiet Turistiċi (Disposizzjonijiet Ġenerali)

(1)requires - Interpretation. Amended by: L.N. 289 of

1. Cap.
2. In these regulations, unless the context otherwise "Act" means the Malta Travel and Tourism Services Act; "distance communication" means any way which, without the simultaneous physical presence of the tourism operator and the traveller, may be used for the conclusion of a contract between these parties, and "distance selling" shall be construed accordingly; "licence" has the same meaning as given to it by the Act and "licensee" shall be construed accordingly; "tourism accommodation establishments" means hotels, tourist villages, aparthotels, guesthouses, hostels and holiday premises and any other accommodation premises used to house tourists, whether on a temporary or permanent bases, as the Authority may reasonably define to fall under these regulations; "tourism operation" has the same meaning as given to it by the Act and "tourism operator" shall be construed accordingly, provided that in regulations 7, 9, 10, 11, 12 and 13 "tourism operation" does not include a tourist guide; "travel operator" means an incoming tourism agent or a travel agent, or a destination management company and "travel operation" shall be construed accordingly.

(2)Words and expressions used in these regulations and which are also used in the Act, shall have, unless the context otherwise requires, the same meaning as in the Act. 3.

(1)Prior to the commencement of a tourism operation, the operator shall apply to the Authority for a licence. The Authority shall issue a licence for the relevant tourism operation if it is satisfied that: (

1. a)the issue of such a licence is in conformity with current tourism policy; (
2. b)the applicant is a fit and proper person, and of good character standing; (
3. c)the applicant possesses the relevant qualifications, competencies and experience as may be applicable in Application. Amended by: L.N. 289 of 2010; L.N. 92 of 2026. 2 [ S.L.409.08 TOURISM OPERATIONS (GENERAL) terms of the Act, these or any other applicable regulations and proven by the relevant certificates, attestations or their equivalent as allowed by law; (
4. d)the premises from where the relevant tourism operation is to be conducted complies with the provisions of the Act, regulations made hereunder and any other applicable requirement at law current at the time. Licence. Amended by: L.N. 85 of 2005; L.N. 289 of 2010.

(2)Repealed by Legal Notice 92 of 2026.

(3)Repealed by Legal Notice 92 of 2026. 4.

(1)The Authority shall grant a licence of a tourism operation if it is satisfied that the applicant, whether an individual person or a body corporate, as well as the premises to be licensed, comply with the requirements relevant to the particular tourism operation as specified in the Act and in any regulations made thereunder.

(2)A licence issued in respect of a tourism operation shall be subject to the condition that the premises to be used for the operation complies in all respects with any requirement under any other law which may be in force from time to time.

(3)A licence of a tourism operation shall not be issued or renewed if it is objected to by the Commissioner of Police or by any other authority; provided that such objection is considered to be reasonable, justified and proportionate by the Authority.

(4)(

1. a)When a licensee wishes to engage an operator to run all or any part of the tourism operation, he shall obtain the prior approval of the Authority. (
2. b)If the operator of a tourism operation or of any part of such tourism operation is different from the licensee, such licensee shall submit details of the operator to the Authority and inform the Authority whenever the operator is replaced: Provided that if the tourism operation, or any part of such tourism operation, is under the sole and exclusive control of the operator for any period covered by the licence, the responsibility of the operator at law shall be equivalent to that of the licensee: Provided further, it shall be competent to the Authority to proceed against the licensee or the operator, or both, for any of the following: (
3. i)infringements of the provisions of the Act or of regulations issued thereunder; (
4. ii)outstanding licence fees or contributions due to the Authority in terms of any law. (
5. c)In the event of an application for the issue of a licence being filed by a body corporate, the Authority shall issue the said licence in the name of the body corporate making the application and it shall be the TOURISM OPERATIONS (GENERAL) [ S.L.409.08 3 duty of the body corporate making such application to submit to the Authority details relating to the operator. (
6. d)Where a licence is to be issued in the name of a body corporate, it shall be incumbent on the person requesting the issue of such licence to provide the Authority with details of the physical person who is to represent the body corporate in all its dealings with the Authority. Such person so indicated shall for intents and purposes of the Act and of regulations issued thereunder, be responsible jointly and severally with the licensee for each of the following: (
7. i)infringements of the provisions of the Act or of regulations issued thereunder; (
8. ii)outstanding licence fees or contributions due to the Authority in terms of any law: Provided that it shall be the duty of the person so nominated to signify his responsibility by signing and filing the appropriate form with the Authority, and to inform the Authority whenever such responsibility ceases. (
9. e)The provisions of paragraph (
10. d)shall apply in their entirety to situations where the operator, or a tourism operation or any part thereof, is a body corporate. (
11. f)In the event of no information being submitted by the licensee regarding the engagement of an operator, as required by this regulation, the licensee shall, in all cases, be solely responsible for conforming to the provisions of the law and the regulations made thereunder.

(5)The licence issued by the Authority in respect of a tourism operation shall be available at all times within the premises of the tourism operation and shall be shown on demand to any representative of the Authority.

1. Without prejudice to the obligations of the Authority in terms of the Services (Internal Market) Act, it shall be the responsibility of the operator of a tourism operation to obtain any other permit, licence or authorisation required under any other law. Other permits. Substituted by: L.N. 289 of
2. Cap.
3. 5A.

(1)Applications for a licence to conduct a tourism operation are to be made on the appropriate application form issued by th e Au th ority f or t he p urpo se , to geth er wi th ot her such documentation required by these regulations, the Authority’s implementation guidelines or set out in the application form. Filing and processing of applications. Added by: L.N. 289 of 2010.

(2)The Authority may, in ensuring whether an applicant satisfies the requirements for a licence, request and conduct an interview with such an applicant or request and conduct an inspection of the premises that shall be used for the tourism operation being applied for, and the applicant shall accede to such requests without delay.

(3)Every applicant shall, together with the application form submitted to the Authority, make a payment of any relevant 4 [ S.L.409.08 TOURISM OPERATIONS (GENERAL) application fee payable to the Authority.

(4)The Authority shall, without delay, acknowledge receipt of the application form and the application fee by letter to the applicant and shall specify: (a) the periods mentioned in sub-regulation

(6)and subregulation

(7)within which the Authority shall determine the application; (

1. b)the procedure under which a refusal by the Authority to grant a licence may be appealed in terms of the Act; and (
2. c)that an applicant shall not be deemed to have been issued a licence where the Authority does not determine an application form within the periods mentioned in sub-regulations

(6)and

(7).

(5)In the case of an incomplete application form, the Authority shall, without delay, inform the applicant of the need to supply any additional information or documentation, or of the need to conduct any interviews or inspections referred to in sub-regulation

(2), and that the Authority shall not commence processing the application, or proceed to the next step in the processing of the application, as the c ase m ay b e, unless the Authority r eceives a complete application form or the required documentation: Provided that an application form shall not be deemed to be complete unless the Authority is in receipt of all the documentation required to be submitted together with the application form or certification of compliance with all requirements, including compliance that is established by means of interview or the inspections referred to in sub-regulation

(2).

(6)The Authority shall determine whether to issue a licence, within forty-five days from the date of receipt of a complete application form.

(7)The period mentioned in sub-regulation

(5)may, prior to the expiry of the relevant period, be extended by the Authority for one period of not more than sixty days. Such extension and the reasons therefore shall be notified to the applicant without delay.

(8)Where the Authority has not determined whether to issue a licence to an applicant, within the periods mentioned in subregulation

(6), or within the extended period mentioned in subregulation

(7), such applicant shall not be deemed, for all intents and purposes of law, to be licensed. Suspension of tourism operations. Amended by: L.N. 289 of 2010. 6.

(1)A licensee shall inform the Authority of his intention to suspend his tourism operation. Should the closure be for a period of more than two months, the licensee shall require the prior approval of the Authority before the recommencement of the operation.

(2)When a tourism operation is suspended for a period of more than two years, the licence shall be withdrawn.

(3)In the event that a tourism operation ceases to operate, and the licensee intends to operate any particular facility, service or amenity forming part of the tourism operation, the licensee shall TOURISM OPERATIONS (GENERAL) [ S.L.409.08 5 obtain the prior approval of the Authority.

(4)The Authority shall process requests for approvals mentioned in sub-regulations

(1)and

(3)without delay and in any case within thirty days from the day of receipt of an application.

1. Operators of tourism operations shall not allow their premises to be used, or suffer to be used, at any time for any act contrary to law or morality. Public morality.
2. No alcoholic beverages shall be served to any person under the age of seventeen years from any premises licensed by the Authority. Persons under the age of seventeen years. Substituted by: L.N. 270 of
4. Every tourism operation, in respect of which a licence has been requested from the Authority under the provisions of this Act, shall have its trading name approved by the Authority before commencement of operations. Name of tourism operation. 10.

(1)The Authority shall, upon the classification or the reclassification of any tourism operation requiring such classification or re-classification, and upon payment of the relevant fee as indicated in the Fees (Tourism) Regulations, forward to the licensee thereof a certificate showing the name, category, class and locality of the tourism operation establishment as well as the name of the licensee. Issue and exhibition of certificate of classification. S.L. 409.05

(2)The said classification certificate shall be displayed in a prominent place within the premises of the tourism operation. 11. Every licensee of a tourism accommodation establishment, holiday premises or catering establishment, and any other tourism operation if the Authority so requires, shall exhibit in a prominent place outside the premises, a plaque indicating that the premises are licensed and the classification assigned to them, according to a design, size, colour and layout as the Authority may indicate. Exhibition of classification plaque. 12.

(1)Every licensee of a tourism operation shall, when so required by the Minister or the Authority, submit such information relating to his tourism operation for statistical and planning purposes as the Minister or the Authority may from time to time require, in such form and within such time, as may be established by the Minister or the Authority. Return of information. Amended by: L.N. 289 of 2010.

(2)Every licensee of a tourism operation shall inform the Authority without delay of any changes in his tourism operation which result, or have the potential to result, in changes in the conditions of his licence. 13.

(1)No person, may at any time, describe or advertise any tourism operation unless (

1. a)there is a valid licence in respect of such tourism operation; (
2. b)he has obtained the prior approval of the trading name from the Authority.

(2)Every tourism operation shall quote the licence number in Description and advertising. 6 [ S.L.409.08 TOURISM OPERATIONS (GENERAL) every advertisement, publication, leaflet, brochure, broadcast or other publication of whatever kind and in any reference whatsoever. Distance selling. Amended by: L.N. 289 of 2010. Cap. 500. 14.

(1)Without prejudice to any other applicable law, including laws concerning distance selling, consumer rights and the Services (Internal Market) Act, the licensee of a tourism operation shall ensure in a clear and comprehensible manner that a traveller, when concluding a contract for services performed through distance selling, shall be provided with the operator’s business address and other relevant information for identification purposes.

(2)Any contract concluded through the use of distance selling shall include the following information: (

1. a)the identity and address of the supplier and purchaser of services, as well as related information; S.L. 409.01 (
2. b)in the case of a travel agent, full details of the package or of the services being given subject to conditions as stipulated in the Package Travel, Package Holidays and Package Tours Regulations; (
3. c)full cancellation terms; (
4. d)full payment terms; (
5. e)any additional costs ancillary to the basic rate for services offered; (
6. f)if contracted services or any part thereof are not provided in accordance with the booking, the licensee of a tourism operation shall be bound to provide alternative services at least equivalent or superior to those contracted.

(3)A licensee of a tourism operation shall provide to the traveller in writing, or in other durable medium accessible to the traveller, the information referred to in the previous sub-regulations of this regulation. Tables and other furniture outside tourism establishments. Amended by: L.N. 409 of 2004; L.N. 289 of 2010. 15.

(1)Without prejudice to any other applicable regulations, no person shall place tables or other furniture outside any tourist premises, unless he has previously been issued with a licence for such purpose by the Authority: Provided that the infringement of any license condition relating to the placing of tables, chairs or other objects or part thereof by any license holder or any other person or agent under his authority in any designated area, shall also, for the purpose of these regulations, consist of an offence against these regulations: Provided further that for the purposes of this regulation, the term "designated area" means a land area within markings which the Commissioner of Land shall from time to time establish on encroachment terms, as indicated by the Commissioner of Land, for the purpose of the placing of tables, chairs and other objects ancilliary thereto in public areas.

(2)If the outdoor place is owned by the Government, a permit by the Department of Land shall be required, and where such space TOURISM OPERATIONS (GENERAL) [ S.L.409.08 is owned by a Government agency or by a person other than the applicant, the appropriate authorisation by the owner shall be required.

(3)Applications for such licences shall be made to the Authority against payment of a fee as specified in the Fees ( To u r i s m ) R e g u l a t i o n s, a n d s h a l l b e a c c o m p a n i e d b y s u c h information and documentation as may be requested by the Authority. S.L. 409.05 (3A) Applications for licences under this regulation shall be p r o c e ss e d b y t h e A u t h o r i t y a c c o r d i n g t o t h e p r o v i si o n s o f regulation 5A.

(4)On approval of the application, the applicant shall be issued with a licence on payment of the relative licence and contribution f e e s t o t h e A u t h o r i t y a s s p e c i f i e d i n t h e F e e s ( To u r i s m ) Regulations. S.L. 409.05

(5)A licence may be granted as subject to such requirements, conditions, limitations and exclusions that the Authority may consider necessary, appropriate and proportionate in accordance with the Act and regulations made thereunder. 16. An operator or a licensee of a tourism operation, including a tourist guide, shall not act in collusion with an operator or licensee of another tourism operation or with another person, to the prejudice of a tourist. Collusion. 17. The licensee of a tourism operation shall keep a proper record relating to the exercise of the tourism operation. Proper records to be kept. 18. When the Authority is satisfied that the licensee of a tourism operation - Cancellation of licence. (

1. a)is found guilty of an offence under the provisions set out in the Act or in any of the regulations made thereunder; or (
2. b)has within the preceding five years been found guilty of a criminal offence in Malta or outside Malta, which offence is punishable with a term of imprisonment for a period of not less than six months; or (
3. c)has been declared bankrupt or is insolvent or has dissolved his business for any reason whatsoever except for the purpose of restructuring or amalgamation; or (
4. d)has persistently failed to comply with any condition imposed in his licence, the Authority may, having regard to all circumstances of the case, suspend, cancel, withdraw or not renew such licence to run a tourism operation. 19. Before refusing to grant or renew a licence under the Act, and before suspending, cancelling or withdrawing any such licence, the Authority shall inform the applicant or the licence holder in writing of its intention and shall give him an opportunity to make representations within the time stipulated by the Authority. Right of representation. 7 8 [ S.L.409.08 Communications by and with the Authority. TOURISM OPERATIONS (GENERAL) 20.

(1)Any notice, communication or other document, and any authorisation issued by or on behalf of the Authority shall be signed either by the Chairman or the Chief Executive of the Authority or by the Chairman or Director of the appropriate directorate of the Authority or by any other person so authorised on their behalf.

(2)Any notice, communication, or other document, intended for the attention of the Authority, shall be addressed to the Chairman or to the Chief Executive of the Authority or to the Chairman or Director of the appropriate directorate. Enforcement. 21.

(1)Any person authorised in writing by the Authority as provided for in article 40 of the Act, may (

1. a)enter and inspect at all reasonable times, any premises being used as a tourism operation, whether it is licensed under the Act or otherwise; (
2. b)board land and seaborne transport, to investigate a breach in relation to the provisions of the Act or any regulations made thereunder; (
3. c)require any tourism operator to produce, verbally or in writing, any operational information as may be reasonably required in relation to the inspection being carried out; (
4. d)examine and withdraw copies of any records found therein which he has reason to believe may contain evidence of any offence committed against the provision of the Act or any regulations made thereunder; (
5. e)enquire from any person who appears to him to be engaged in, or carrying on, or employed in the business of the tourism operation, on any matter relating to the application or the compliance with the provisions of the Act or any regulations made thereunder; (
6. f)obtain photographic and video recordings as necessary evidence.

(2)Any person authorised to carry out an inspection of a tourism operation, shall provide means of identification or written authorisation.

(3)Any person carrying out such inspection shall give a written receipt of any object or document withdrawn by him under the provisions of this regulation, to the person from whose possession such object or document has been withdrawn. Enforcement notice. Amended by: L.N. 186 of

2. The enforcement notice, as provided for in article 41 of the Act, shall be in the form specified in the Schedule or in any other modified form as the Authority may deem appropriate in the particular circumstances of any case. TOURISM OPERATIONS (GENERAL) [ S.L.409.08 9 23.

(1)Compliance with the provisions of these regulations shall be deemed to be a condition to which a licence to operate any tourism operation is subject, irrespective of whether reference to these regulations is made in the licence itself. Condition of licence. Amended by: L.N. 409 of 2004 L.N. 426 of 2007.

(2)Any person who fails to comply with any of the provisions of these regulations shall be guilty of an offence, and shall be liable to the fines and penalties as indicated in articles 43 and 45 of the Act. Offences and penalties.

(3)Any person who fails to comply with the provisions of regulation 15

(1)shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of one hundred and sixteen e u r o a n d f o r t y- s e v e n c e n t s ( € 11 6 . 4 7 ) i n r e s p e c t o f a n y contravention.

1. Any licence issued under the Hotels and Catering Establishments Regulations, 1972, and the Guesthouses and Holiday Furnished Premises Regulations, 1976, repealed by these regulations, and which is in force immediately before such repeal shall, subject to compliance with the provisions of the Act and to the regulations made thereunder, continue to be in force thereafter as if it were a licence granted under the Act and the regulations made thereunder. Saving. 10 [ S.L.409.08 Amended by: L.N. 85 of
2. TOURISM OPERATIONS (GENERAL) SCHEDULE MALTA TOURISM AUTHORITY Enforcement Notice (as per article 41 of Part VII of the Malta Travel and Tourism Services Act) To: ..................................................... .................................................. ............................................... Date: ...............................................
3. Following investigation carried out by the Malta Tourism Authority it was found that a breach under the Malta Travel and Tourism Services Act and relative regulations has been committed at .............................................................................................................................. ............................................................................................................................. .............................................................................................................................
4. The breach consists of .................................................................................. ............................................................................................................................. .............................................................................................................................
5. Without prejudice to the Authority’s right to take action in accordance with the provisions of article 42 of Part VII of the said Act, you are hereby requested to stop this breach of the law and to regularise your position IMMEDIATELY/WITHIN .................... DAYS FROM THE DATE OF THIS NOTICE. ............................................ Malta Tourism Authority