The liability of the tour operator under Maltese law

Abstract

The aim of this theses is to discuss the liability of the tour operator under Maltese law and thus attempt to put light on a rather neglected figure in the travel industry. When analysing the tour operator's position, it is first of all essential to distinguish between the different figures operating in the industry. Foremost, it is important to explain the separate roles played by the tour operator and the travel agent within the holiday market. This aspect is dealt with in the first chapter, where particular reference is made to the recent European Directive on package holidays. Consequently an explanation of what is meant by a package is attempted during the course of the chapter. In the second chapter, the crucial moment of the conclusion of the travel contract has is discussed. The importance attributed to this argument is not futile when one considers the legal effects involved, especially keeping in mind the Maltese Legal system. Hence, the following three chapters examine the consequential liability arising from the travel contract, the mode how such can be limited under Maltese law, and the eventual repercussions in the eventuality of breach of contract. Due to the lack of specific domestic legislation on the subject tackled, particular attention is given to the existing provisions of the Maltese Civil Code with regard to obligations and contract in general and to the juridical relationship arising therefrom. These chapters mainly focus at analysing some of the main concepts at the basis of our legal system, yet always keeping in mind the principal subject of the thesis i.e. the tour operator. The remaining chapters, analyse more specific aspects of the tour operator's activity and relationship with the consumer. In particular the liability arising out of the tour operator's most significant promotional tool, i.e. the brochure. Consumer protection in the unfortunate, but not unrealistic eventuality, of collapse on the part of the tour operator, has also been analysed. Relevance has been given in this respect to the prevailing European situation and compared with the Maltese counterpart. Finally, attention has been devoted to the international aspect of the travel contract and more specifically to jurisdiction. In this sense, the Maltese position has been analysed. It is appreciated Travel law is still in its infancy, albeit it is an essential industry to several economies, the Maltese is no exception. Consequently, retrieving material has been rather problematic. The tour operator's legal liability under Maltese law, has thus been examined through the main legal concepts governing the Maltese legal system.