EU legislation in the tourism sector

Package Travel Directive

The 1990 EU package travel directive is transposed in Malta through Subsidiary Legislation 409.01. The new package travel directive, which can be found here: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1478528463151&from=EN is in the process of being transposed. The deadline for transposition is 1 January 2018.

The rules of the new Package Travel Directive will extend protection of the 1990 EU Package Travel Directive to cover not only traditional package holidays, but also give clear protection to 120 million consumers who book other forms of combined travel, e.g. a self-chosen combination on a website of a flight plus hotel or car rental. There will always be protection where travel services are advertised as a package or where they are offered at a total or inclusive price.

The new Directive broadens the concept of ‘package’ and now will apply to 3 different sorts of travel combinations: pre-arranged packages – ready-made holidays from a tour operator made up of at least 2 elements: transport, accommodation or other services, e.g. car rental; customised packages – selection of components by the traveller and bought from a single business online or offline; linked travel arrangements – if the consumer, after having booked one travel service on one website, is invited to book another service through a targeted link or similar, the new rules offer some protection – provided that the second booking is made within 24 hours.

Timeshare Directive

The Timeshare Directive repealed former Directive 94/47/EC and modernised its provisions in order to deal with the emergence of new products in the travel market. It covers a broader range of holiday-related services characterised by long-term commitments or significant financial risks for consumers, namely:

  • timeshare contracts;

  • contracts for long-term holiday products;

  • exchange contracts;

  • resale contracts.

Member States had to transpose the Directive into national law by 23 February 2011.

Malta transposed this Directive through Subsidiary Legislation 409.16.

The Timeshare directive can be found here: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0122&qid=1478530871320&from=EN