S.L. 409.19 Art. 23Enforcement and penalties.

(1) Any person who fails to comply with any of the provisions of these regulations shall be guilty of an offence and shall be liable on conviction to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) and not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73).

(2) The court, besides awarding the punishment referred to in sub-regulation (1), shall order the offender to undo anything which was done in breach of these regulations or to comply with these regulations, as the case may be, within a time sufficient for the purpose, but in any case not exceeding three months from the date of the judgement, to be fixed by the court; and if the offender fails to comply with any order within the time so fixed, he shall be liable to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) and not more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), as the court may fix, for every day the default continues after the expiration of the said time.

(3) (a) Compliance with the provisions of these regulations by a trader shall also be deemed to be a condition to which a licence to operate any tourism operation regulated under the Act is subject to, irrespective of whether reference to these regulations is made in the licence itself.

(b) Any trader who fails to comply with any of the ARRANGEMENTS

provisions of these regulations and is in possession or should be in possession of a licence issued under the Act shall be guilty of an offence and shall be liable to the fines and penalties as stipulated in articles 43 and 45 of the Act.

(c) If the Authority is satisfied that the trader has repeatedly contravened or failed to comply with these regulations, the Authority may then suspend or decline to renew the licence of the trader to operate as a tourism operation under the Act for a period not exceeding one year.

(4) Where an offence under these regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other similar officer of such body or of any person who was purporting to act in any such capacity, that person, as well as such body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of any of the offences mentioned in these regulations.

(5) An authorised officer may, if he has reasonable grounds for suspecting that an offence has been committed under these regulations, at all reasonable hours and on production, if required, of his credentials, exercise the following powers, namely:

(a) inspect any goods and enter any premises other than premises used only as a dwelling;

(b) require any person engaged in the organisation or retailing of packages to produce any books or documents relating to the activity and take copies of, or of any entry, in any such book or document; or require such a person to produce in a visible and legible documentary form any information so relating which is contained in a computer, and take copies of it;

(c) seize and detain any goods or documents which may be required as evidence in proceedings for an offence under these regulations. In doing so the officer shall inform the person from whom they are seized;

(d) require any person engaged in the organisation or retailing of packages to give any other information which the officer may reasonably require in regard to such activity;

(e) summon, at any reasonable time, any other person employed or engaged in the organisation or retailing of packages to give to the officer any information which the officer may reasonably require in regard to such activity and to produce to the officer any records which are in that person's control.

(6) Any person who obstructs or interferes with an authorised officer in the exercise of the officer’s functions under these regulations or gives to an authorised officer information which is false or misleading shall be guilty of an offence and shall be liable to the fines and penalties as stipulated in articles 43 and 45 of the Act.

(7) Any person who refuses to comply with any request of an authorised officer in the exercise of the officer’s functions under these regulations shall be guilty of an offence and shall be liable to the fines and penalties as stipulated in articles 43 and 45 of the Act.

(8) The provisions of articles 43(3), 43(4) and 45 of the Act shall, apply to any person who fails to comply with mutatis mutandis, any of the provisions of these regulations.

(9) The provisions of regulation 23 shall also apply to any trader to whom these regulations may apply, even if such trader does not operate a tourism operation which requires a licence under the Act.

SCHEDULE I

Part A

Standard information form for package travel contracts where the use of hyperlinks is possible

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and of the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta).

Therefore, you will benefit from all EU rights applying to packages. Company XY/companies XY will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, company XY/companies XY has/ have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.

More information on key rights under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta).

Following the hyperlink the traveller will receive the following information:

Key rights under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the ARRANGEMENTS

Laws of Malta):

— Travellers will receive all essential information about the package before concluding the package travel contract.

— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

— The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

— Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

— Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

— If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

— The organiser has to provide assistance if the traveller is in difficulty.

— If the organiser and, or where applicable the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY's insolvency.

justiceservices.gov.mt

Part B

Standard information form for package travel contracts in situations other than those covered by Part A

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and of the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta).

Therefore, you will benefit from all EU rights applying to packages. Company XY/companies XY will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, company XY/companies XY has/ have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.

Key rights under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the ARRANGEMENTS

Laws of Malta):

— Travellers will receive all essential information about the package before concluding the package travel contract.

— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

— The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

— Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

— Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

— If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

— The organiser has to provide assistance if the traveller is in difficulty.

— If the organiser and/or, the retailer becomes insolvent, payments will be refunded. If the organiser and/or the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY's insolvency.

justiceservices.gov.mt

Part C

Standard information form where the organiser transmits data to another trader (paragraph (b)(v) of the definition "package" - regulation 2)

If you conclude a contract with company AB not later than 24 hours after receiving the confirmation of the booking from company XY the travel service provided by XY and AB will constitute a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta) and Directive (EU) 2015/2302.

Therefore, you will benefit from all EU rights applying to packages. Company XY will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, company XY has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. ARRANGEMENTS

More information on key rights under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta).

Following the hyperlink the traveller will receive the following information:

Key rights under the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta) and Directive (EU) 2015/2302

— Travellers will receive all essential information about the travel services before concluding the package travel contract.

— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

— The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

— Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

— Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

— If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

— The organiser has to provide assistance if the traveller is in difficulty.

— If the organiser and/or the retailer becomes insolvent, payments will be refunded. If the organiser and/or the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ [the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY's insolvency.

justiceservices.gov.mt

SCHEDULE II

Part A ARRANGEMENTS

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (a) in the definition of "linked travel arrangement" in regulation 2is a carrier selling a return ticket

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/ XY, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta).

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider.

However, if you book any additional travel services during the same visit to our company's/XY's booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity, or where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY's insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY's insolvency.

justiceservices.gov.mt

Part B

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (a) in the definition of "linked travel arrangement" in regulation 2 is a trader other than a carrier selling a return ticket If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/ XY, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta.

Therefore, our company/XY will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider.

However, if you book any additional travel services during the same visit to our company's/XY's booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY's insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY's insolvency. justiceservices.gov.mt

Part C

Standard information form in the case of linked travel arrangements within the meaning of paragraph (a) in the definition of "linked travel arrangement" in regulation 2 where the contracts are concluded in the simultaneous physical presence of the trader (other than a carrier selling a return ticket) and the traveller

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/ XY, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L. 409.19 of the Laws of Malta. ARRANGEMENTS

Therefore, our company/XY will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider.

However, if you book any additional travel services during the same visit to or contact with our company/XY, the travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY's insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY's insolvency.

justiceservices.gov.mt

Part D

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (b) in the definition of "linked travel arrangement" in regulation 2 is a carrier selling a return ticket

If you book additional travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta.

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems, please contact the relevant service provider.

However, if you book additional travel services via this link/these links not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY's insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY's insolvency.

justiceservices.gov.mt

Part E

Standard information form where the trader facilitating an online linked travel arrangement within the meaning of paragraph (b) in the definition of "linked travel arrangement" in regulation 2 is a trader other than a carrier selling a return ticket

If you book additional travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302 and the Package Travel and Linked Travel Arrangements Regulations (S.L.409.19 of the Laws of Malta).

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider.

However, if you book additional travel services via this link/these links not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency. Please note that ARRANGEMENTS

this does not provide a refund in the event of the insolvency of the relevant service provider.

More information on insolvency protection (LINK)

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY's insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY's insolvency.

justiceservices.gov.mt