An appraisal of the protection afforded to the consumer under the ‘Package travel and linked travel arrangements Regulations’ (subsidiary legislation 409.19) in the case of the non-fulfilment of the organiser’s obligations

Abstract

As per law, travel packages organised by an organiser must consist of two or more travel services for the purpose of the same trip. The author has thoroughly analysed Subsidiary Legislation 409.19 entitled the ‘Package Travel and Linked Travel Arrangements Regulations’ which transposed EU Directive 2015/2302 on package travel and linked travel arrangements into Maltese law. Initially, the author will examine who is protected under this subsidiary legislation and to whom are the rights thereunder attributed to. Subsequently, a legal in-depth analysis has been undertaken by the author in relation to what extent the consumer is protected in the circumstances that the organiser does not honour his obligations. A preliminary concern of this work sought to answer the question, ‘What can go wrong whilst negotiating an organised package?’ To answer this question, the author delves into several legal elements including the notion of precontractual liability on behalf of the organiser. A further point of legal concern is the liability under the travel service contract. Indistinctively, the general notion of pacta sunt servanda, applies. A general idea of the obligations and liabilities that arise out of the travel contract on behalf of the organiser have been analysed with the backup of judgements. The findings from this section will focus mainly on the remedies available to the consumer to seek judicial redress. Thus, the focus is on the manner that the consumer can demand to be compensated whilst one is abroad or additionally when the consumer returns to Malta. The substantial part of this argument is legally founded on the wording of articles 12 and 13 of Subsidiary Legislation 409.19. Throughout this legal analysis a comparative task is undertaken to draw out an examination between the regulations that were in force beforehand and the newly elected legislation in terms of enhanced protection. Consequentially, the last part will encapsulate the findings of which positively accentuates that the new regulations made a leap forward in consumer protection, whilst also highlighting some improvements that are needed in this field of law.