414 TOURISM LAW IN EUROPE agents and the airline industry to be represented on this Board. With its functions expressly laid out in the law, the Authority must, among other things, promote Malta as a tourist industry, issue licenses and advise the Government when it comes to the tourism industry. The Law further sets up an Enforcement Directorate and a Tourism Appeals Board. The latter is presided by a lawyer and two members with experience in the travel and tourism industry, with Board members appointed by the Prime Minister. The jurisdiction of the Tourism Appeals Board is to hear and determine all appeals by any person aggrieved by a decision taken by the Authority concerning licensing, particularly if a licence has not been issued, has been withdrawn or revoked or if certain limitations have been imposed. Accordingly, appeals could also be submitted “on any matter concerning the classification or reclassification of tourism operations and the enforcement control.”4. It is worth noting that the Appeals Board’s decisions are considered final unless the appellant decides to appeal to the Inferior Courts (presided by one judge) on points of law. Each tourism operation under the Tourism Authority requires a licence, for which the law provides the necessary criteria, particularly for: the accommodation and catering establishments, including Host Family Accommodation Regulations; incoming tourism agencies, travel agencies and destination management companies; Organised excursions; and Tourist guides. It is interesting to point out that all licences are issued once the licence holder shows that he or she has experience in the field, is of good character and is fit and proper to be granted a licence concerning the tourism business operation5. Through Subsidiary Legislation 409.13, enacted in October 2012, the Malta Tourism Authority also has enlisted as “tourism services” the Recreational Diving Services. Hence, licensing and monitoring these services fall under the Tourism Act. Other areas of Tourism Law are taken directly from the European Directives and Regulations, such as the Package Travel and Linked Travel Arrangements Regulations (SL 409.19) and Protection of Consumers (Timeshare, Long-Term 4 Article 14(1)(b). 5 For example, articles 33(a) and 37 of Chapter 409 for a person organising excursions and for a tourist guide, respectively.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==