S.L. 409.19 Art. 18Insolvency protection and information requirements for linked travel arrangements.

(1) Traders facilitating linked travel arrangements shall provide security for the refund of all payments they receive from travellers insofar as a travel service which is part of a linked travel arrangement is not performed as a consequence of their insolvency. In the case where the traders are responsible of the carriage of passengers, this security shall also cover the traveller’s repatriation. The second sub-paragraph of regulation 16(1), regulation 16(2) to (5) and regulation 17 shall, apply. mutatis mutandis, ARRANGEMENTS

(2) Before the traveller is bound by any contract leading to the creation of a linked travel arrangement or any corresponding offer, the trader facilitating linked travel arrangements, including where the trader is not established in Malta but, by any means, directs such activities to Malta, shall state in a clear, comprehensible and prominent manner that the traveller:

(a) will not benefit from any of the rights applying exclusively to packages under these regulations and that each service provider will be solely responsible for the proper contractual performance of his service; and

(b) will benefit from insolvency protection in accordance with regulation 18(1).

In order to comply with this Regulation, the trader facilitating a linked travel arrangement shall provide the traveller with that information by means of the relevant standard form set out in Schedule II, or, where the particular type of linked travel arrangement is not covered by any of the forms set out in that Schedule, provide the information contained therein.

(3) Where the trader facilitating linked travel arrangements has not complied with the requirements set out in sub-regulations (1) and (2), the rights and obligations laid down in regulation 8 and regulations 11 to 15 shall apply in relation to the travel services included in the linked travel arrangement.

(4) Where a linked travel arrangement is the result of the conclusion of a contract between a traveller and a trader who does not facilitate the linked travel arrangement, that trader shall inform the trader facilitating the linked travel arrangement of the conclusion of the relevant contract.