          TRAVEL AGENCIES AND HOTEL SERVICES [ CAP. 264.        1
CHAPTER 264
TRAVEL AGENCIES AND HOTEL SERVICES ACT
To regulate and control the business of travel agents and the allocation of services in hotels
and similar premises, and to make provision for other matters connected therewith or
incidental thereto.
17th April, 1978;
1st January, 1980
ACT XXIII of 1976, as amended by Acts XXXVI of 1977, XLVIII of 1981, XII of 1982, XIII of
1983, XV of 1984 and IV of 1986. 
ARRANGEMENT OF ACT
  Articles
Part I.  Preliminary  1-2 
Part II.  Travel Agents  3-15 
Part III.  Hotel-Keepers and Contract Services  16-18 
Part IV. Miscellaneous  19-23 
  2      CAP. 264. ]         TRAVEL AGENCIES AND HOTEL SERVICES
PART I
PRELIMINARY
Short title.  1. The short title of this Act is the Travel Agencies and Hotel
Services Act.
Interpretation. 
Amended by: 
XXXVI.1977.8; 
XLVIII. 1981.2; 
XV. 1984.2; 
IV. 1986.2.
2. In this Act, unless the context otherwise requires -
"allocation form" means the prescribed written form listing the
accommodation and any ancillary services available, for
remuneration, in a hotel, guest house, hostel or holiday premises at
a particular time or period and the conditions under which any
reservation for accommodation at a future date may be cancelled by
the person who had made such reservation;
"to allocate" means to undertake to provide contract services at a
future date;
"communicated" unless otherwise provided to the contrary,
means sent in writing by registered post, properly addressed to the
place of residence, or to the office, or to the place of business of the
addressee;
"contract price" means the remuneration payable to a hotel
keeper, guest house keeper, hostel keeper or holiday premises
keeper for contract services in their hotel, guest house, hostel or
holiday premises, as the case may be;
"contract services" means the accommodation provided, for
remuneration, in a hotel, guest house, hostel or holiday premises
and any ancillary services as may be specified in an allocation
form; 
 
Cap. 240.
"guest house", "guest house keeper", "holiday premises" and
"holiday premises keeper" shall have the same meaning as are
assigned to them by article 2 of the Guest Houses and Holiday
Furnished Premises Act;
Cap. 197.
"hotel", "hotel-keeper", "hostel" and "hostel keeper" shall have
the same meaning as are assigned to them by article 2 of the Hotel
and Catering Establishments Act;
"licence" means a licence issued under the provisions of this Act
to a person to act as a travel agent;
"licence holder" means a person issued with a licence; 
"Minister" means the Minister responsible for tourism, and
includes any person acting under the authority of the Minister;
Cap. 298.
"organised tour" has the same meaning as is assigned to it by
article 2 of the National Museums and Monuments (Comprehen-
sive Admission Tickets) Act but does not include any service which
is intended solely to provide transport;
"prescribed" means prescribed by regulations made under this
Act;
"remuneration" means any remuneration, whether such
remuneration is pecuniary, or in kind, or in services or facilities
given in lieu;
          TRAVEL AGENCIES AND HOTEL SERVICES [ CAP. 264.        3
"tourist" means a person who voluntarily goes for a time in
another country other than his country of residence for any purpose
whatsoever other than that of establishing his residence in that
foreign country;
"travel agent" means a person who has a licence to undertake to
provide, for remuneration, to tourists and to other members of the
public, whether singly or in groups and whether in Malta or outside
Malta, accommodation in a hotel, or in a guest house, or in a hostel
or in a holiday premises and such other services, including
travelling facilities by sea, air or land, professional advice on
tourism and all other matters normally connected with the tourist
industry and shall include any person who in any way whatsoever
organises organised tours, for tourists but does not include a hotel-
keeper, guest house keeper, hostel keeper or holiday premises
keeper who provide accommodation in their premises.
PART II 
TRAVEL AGENTS
Travel agent to be 
licensed. 
Amended by: 
XXXVI. 1977.8; 
XII. 1982.2; 
XIII.1983.4;
XV. 1984.3.
3. (1) No person may carry on, or hold himself out as
carrying on, the business of a travel agent, or take or use the title
of, or describe himself as, a travel agent unless he holds a valid
licence issued to him in that behalf by the Minister.
(1A)  No travel agent shall organize an organized tour unless the
services of a licensed tourist guide are provided for such tour.
(2) Any person who contravenes the provisions of this section
shall be guilty of an offence and shall be liable, on conviction, to a
fine ( multa ) of not less than five hundred liri but not exceeding one
thousand liri or to imprisonment not exceeding one year, or to both
such fine and imprisonment.
Application for 
grant or renewal of 
licence.  Amended 
by: XXXVI.1977.8.
4. An application for the grant or for the renewal of a licence
shall be made to the Minister on the prescribed form, giving such
information as may be required, and shall be signed by the
applicant.
Form and validity 
of licence. 
Amended by: 
XXXVI.1977.8; 
XIII. 1983.4.
5. (1) A licence shall be issued or renewed by the Minister
only, on payment of the prescribed fee, and shall be made out in the
prescribed form.
(2) A licence shall expire on the thirty-first day of December
next following the date of issue but may, thereafter, be renewed
from year to year.
(3) A licence shall specify the name of the licence holder and
the address of his place of business. It shall be subject to the
conditions under which it is issued and it shall not be transferable
or assignable.
(4) If the licence holder operates from more than one place of
business there shall be indicated on the licence the address of the
premises which the licence holder specifies as his principal place of
  4      CAP. 264. ]         TRAVEL AGENCIES AND HOTEL SERVICES
business.
(5) Any person who, for the purpose of obtaining a licence or a
renewal of such licence, makes or causes to be made any
declaration or representation which he knows or has reasonable
ground to believe to be erroneous or false, shall be guilty of an
offence and shall be liable, on conviction, to a fine ( multa ) not
exceeding five hundred liri or to imprisonment not exceeding one
year, or to both such fine and imprisonment.
Qualifications of a 
licence holder. 
Amended by: 
XXXVI. 1977.8.
6. (1) The Minister shall grant or renew a licence if he is
satisfied that the person who applies for such licence - 
( a ) is a Maltese citizen and resides in Malta, or in the case
of a company, is registered in Malta;
( b ) has reached the age of twenty-one years on the day of
the application;
( c ) is of good character and is a fit and proper person to
act as a travel agent;
( d ) has never been adjudged a fraudulent bankrupt and is
not an undischarged bankrupt, nor a company in
liquidation;
( e ) has a working knowledge of the work and business of
a travel agency and of the Maltese and English
language;
( f ) has suitable premises and the means at his disposal for
the proper and efficient running of the services to
which the application refers;
( g ) complies with the provisions of article 14.
(2) The Minister may grant or renew a licence if he is satisfied
that the applicant, though not possessing the qualifications required
by subarticle (1)( e ), has made suitable arrangements to take into his
regular employment a person possessing such qualifications.
Permission for sub-
agents. 
Added by:
XV. 1984.4.
6A. (1) The Minister may permit persons to act as sub-agents
to travel agents for the purpose of the sale of tickets of organized
tours to tourists, subject to such conditions as he shall deem fit.
(2) Such permission shall, unless revoked previously, be valid
up to the 31st December of the year in which it is granted or
renewed.
Travel agents to 
keep proper books 
of account.
Added by: 
XV.1984.4.
Cap.190.
6B. (1) No travel agent shall engage any person to perform
services as a tourist guide unless such person is in possession of a
valid licence issued under article 3 of the Tourist Guide Service
Act. 
(2) Any travel agent who contravenes subarticle (1) shall be
guilty of an offence and shall be liable, on conviction, to a fine
( multa)  not exceeding two hundred liri.
          TRAVEL AGENCIES AND HOTEL SERVICES [ CAP. 264.        5
Licence to be 
exhibited. 
Amended by: 
XXXVI.1977.8; 
XII.1982.3; 
XIII.1983.4.
7. (1) A travel agent shall exhibit his licence in a prominent
place and manner in his place of business.
(2) If a travel agent operates from more than one place of
business, a copy of his licence, issued and certified as such by the
Minister on payment of the prescribed fee, shall likewise be
exhibited in such other additional premises.
(3) Any travel agent who fails to comply with the provisions of
this section shall be guilty of an offence and shall be liable, on
conviction, to a fine  (multa)  of not less than one hundred liri but
not exceeding five hundred liri and to a fine ( multa ) of ten liri for
every day during which the default continues.
Cancellation of 
licence. 
Amended by: 
XXXVI.1977.8.
8. When the Minister is satisfied that a travel agent -
( a ) has been found guilty of an offence under this Act; or 
( b ) has within the preceding five years been found guilty
of a criminal offence in Malta or abroad punishable
with not less than six months’ imprisonment; or 
( c ) has been declared bankrupt or has made a composition
with his creditors or has dissolved his business as a
travel agent for any reason whatsoever except for the
purpose of reconstruction or amalgamation; or
( d ) has, on the evidence produced by any association of
travel agents duly recognised by the Minister,
seriously infringed any provision of the code of ethics
as provided under article 15(2); or
( e ) has rendered himself unfit to continue to act as a travel
agent or has ceased to have at his disposal the means
necessary for the proper and efficient running of the
services to which the licence relates; or
( f ) has failed to comply with any condition imposed in his
licence; or
( g ) has failed to comply with the requirements prescribed
by article 13(2) or by article 14,
the Minister, having regard to all circumstances, shall cancel the
licence of that travel agent.
Representations by 
applicant, etc. 
Substituted by: 
XXXVI.1977.8.
9. Before refusing to grant or renew a licence under this Act,
and before cancelling any such licence, the Minister shall inform
the applicant or the licence holder of his intention and shall give
him an opportunity to make representations.   
Travel agents to 
keep proper books 
of account. 
10. A travel agent shall keep proper books of account and such
other records as may be prescribed pertaining to the functions of a
travel agent.
Powers of 
Minister. 
Amended by: 
XXXVI. 1977.8; 
XIII. 1983.5.
11. (1) Any person authorized in writing by the Minister
may-
( a ) enter and inspect, at any reasonable time, any place or
premises on which he has reasonable cause to believe
that the business of a travel agent is being carried out
in contravention of any of the provisions of this Act,
  6      CAP. 264. ]         TRAVEL AGENCIES AND HOTEL SERVICES
and 
(i) may examine and take copies of any books,
accounts or documents found therein relating to
or appearing to relate to the business of a travel
agent;
(ii) may seize any books, accounts or documents
found therein and which he has reasonable cause
to believe may contain evidence of an offence
committed against this Act;
(iii) may question any person who appears to him to
be engaged in, or carrying on, or employed in
the business of a travel agent on those premises,
on any matter concerning the application of or
the compliance with the provisions of this Act;
( b ) require, by notice in writing, any person who appears
to him to be engaged in, or carrying on, or employed in
the business of a travel agent to produce to him at such
time and place as he may specify in such notice all or
any of the books, accounts or documents relating to the
business of a travel agent.
(2) No place or premises shall be entered into forcibly under
the provisions of this section unless the person authorized as
aforesaid is accompanied by a Police officer not below the rank of
inspector:
   Provided that when any such person has reasonable cause to
believe that the delay occasioned in summoning a Police officer
would, or would tend to, defeat the purposes of this section, such
person may exercise his powers under the provisions of this section
without being accompanied by a Police officer.
(3) Any person authorized as aforesaid shall immediately give
a written receipt of anything so seized by him under the provisions
of this section, to the person from whose possession the thing was
seized.
(4) Any person who hinders or obstructs any person authorized
as aforesaid while acting in pursuance of the provisions of this
section, or who fails to comply with the requirements made of him
under this section shall be guilty of an offence and shall be liable,
on conviction, to a fine ( multa ) not exceeding one hundred liri or to
imprisonment not exceeding three months or to both such fine and
imprisonment.
Travel agent to 
have available 
funds. 
Amended by: 
XXXVI.1977.8.
* 12. (1) A travel agent shall have available at all times, to the
satisfaction of the Minister, such funds as are deemed necessary to
meet his professional commitments and for this purpose he shall
also deposit with the Minister a bank guarantee issued by a local
bank in such amount as the Minister may require.
(2) The Minister shall establish or vary from time to time in
respect of all or any travel agent the amount of the funds and the
*Not yet in force.
          TRAVEL AGENCIES AND HOTEL SERVICES [ CAP. 264.        7
bank guarantee required under subarticle (1), having regard to the
commitments of the travel agent concerned and to all other
circumstances then prevailing.
(3) Before taking a final decision in respect of a travel agent
under the provisions of subarticle (2), the Minister shall
communicate his intention to the travel agent and shall give him an
opportunity to make representations.
(4) The Minister shall communicate to the travel agent any
final decision taken by him under the aforesaid provisions of this
section, giving him sufficient time, which in no case shall be less
than ten days, to comply with the decision.
(5) The licence of a travel agent shall be deemed to have been
automatically cancelled whenever the licence holder fails to
comply with the provisions of this section or of any decision taken
thereunder, or of the provisions of article 13(2).
Minister may 
withdraw money 
from bank 
guarantee of a 
travel agent. 
Amended by: 
XXXVI. 1977.8.
* 13. (1) The Minister may withdraw from the bank guarantee
furnished by a travel agent under the provisions of article 12 any
amount which he deems necessary to make good any loss suffered
by any person whenever the travel agent is in breach of his
contractual obligations with that person or otherwise causes
damages to such person.
(2) A travel agent whose bank guarantee has been drawn upon
under the provisions of subarticle (1) shall be given an account in
writing of the amount so withdrawn from his guarantee, and upon
being so required by the Minister shall bring up such guarantee to
the original amount within the time specified in the request.
(3) Nothing in this section shall be construed as limiting in any
manner the liability of a travel agent.
Powers to make 
regulations. 
Amended by: 
XXXVI.1977.8; 
XIII. 1983.4.
14. The Minister may make regulations to give effect to any of
the provisions of this Act and in particular, but without prejudice to
the generality of the foregoing, for any of the following purposes:
( a ) to prescribe the forms to be used for the purposes of
this Act, the fees to be charged for the grant or renewal
of a licence or for a copy of such licence;
( b ) to prescribe the conditions to be attached to, or for the
grant of, a licence;
( c ) to prescribe the forms of returns, reports or
information which the licence holder may be required
to furnish to the Minister;
( d ) to regulate any kind of publicity material which may
be used by a travel agent in connection with his work,
whether such publicity material is to be used in Malta
or abroad;
( e ) to establish the remuneration due to a travel agent
when such remuneration is not already established
under this or any other law or regulation;
( f ) to regulate the establishment, functions, rights and
  8      CAP. 264. ]         TRAVEL AGENCIES AND HOTEL SERVICES
duties of associations of travel agents;
( g ) to regulate the professional behaviour of travel agents; 
( h ) to establish the punishment, not exceeding a fine
( multa ) of five hundred liri or imprisonment not
exceeding six months, or both such fine and imprison-
ment, for any contravention or any regulation made
under this Act, or for any non-compliance with any
such provision or with any requirement made
thereunder;
( i ) to prescribe any matter which is to be or may be
prescribed under this Act and to make any further
provision in respect of such matter as he may deem
appropriate.
Code of ethics of 
travel agents.
15. (1) The Minister may grant recognition to an association
or associations composed of a number of travel agents.
(2) Whenever the number of members of any such association
is not less than two-thirds of the total number of travel agents the
Minister may grant recognition to a code of ethics submitted to him
by that association and such code of ethics shall regulate the
professional behaviour of travel agents which is not already
prescribed.
(3) The Minister may at any time amend any part of or
withdraw his recognition of such code of ethics after giving due
notice thereof.
PART III 
HOTEL-KEEPERS AND CONTRACT SERVICES
Contract services.  
Amended by: 
XXXVI. 1977.8; 
XIII. 1983.4.
16. (1) A hotel-keeper shall provide contract services in his
hotels, only - 
( a ) to a person or a group of persons for their own use; or 
( b ) to a travel agent in his professional capacity; or
( c) to another hotel-keeper as provided under article
17(2).
(2) Whenever a hotel-keeper undertakes to allocate contract
services in his hotel to any of the persons mentioned in subarticle
(1)( a )   or   ( b ), he and such persons shall sign an allocation form.
(3) A hotel-keeper shall, not later than the third day of each
month, give to the Minister a list of the persons to whom, during
the preceding month, he had bound himself to provide contract
services under the provisions of subarticles (1) and (2), the number
of beds and/or rooms so allocated and the period covered by such
allocation.
(4) A hotel-keeper who fails to comply with any of the
provisions of this section shall be guilty of an offence and shall be
liable, on conviction, to a fine ( multa ) not exceeding one hundred
          TRAVEL AGENCIES AND HOTEL SERVICES [ CAP. 264.        9
liri.
Responsibility of 
hotel-keeper in 
case of over-
allocation. 
Amended by: 
XIII. 1983.4.
17. (1) A hotel-keeper shall not allocate contract services in
his hotel in excess of such facilities which at any one time may be
available in his hotel.
(2) When due to over-allocation a hotel-keeper finds himself
unable to provide in his hotel the contract services which he had
bound himself to give to the other contracting party (hereinafter
referred to as the "client") he shall provide to his client the same
contract services in an alternative hotel of a similar or higher
category and situated as near as possible to his hotel and shall be
responsible for and pay any difference in price which may result
between the contract price and the price charged in the alternative
hotel:
   Provided that where due to over-allocation a client receives
accommodation in a hotel of a lower category either because he so
chooses or because the hotel-keeper cannot find him an alternative
hotel as provided in this subsection, the hotel-keeper shall
immediately pay to his client any difference which may arise
between the contract price and the price charged in the hotel of the
lower category.
(3) A hotel-keeper who due to over-allocation is unable to
fulfil his contractual obligations as provided under subarticle (2)
shall be guilty of an offence and shall, on conviction, be liable to a
fine ( multa ) not exceeding four hundred liri.
Commission or 
contract price to be 
paid within thirty 
days
18. (1) The commission due by a hotel-keeper to a travel
agent for his services shall never exceed that percentage of the
contract price as may be prescribed or as may be established by the
Minister by notice published in the Gazette, and different rates of
commission may be so established for different services rendered
by a travel agent.
(2) Notwithstanding the provisions of article 17(2), the hotel-
keeper shall pay to the travel agent the commission based on the
original contract price.
(3) Any commission due by a hotel-keeper to a travel agent
shall be paid not later than thirty days after the hotel-keeper has
fulfilled or should have fulfilled the contract services which he had
bound himself to give.
(4) Any contract price due by a travel agent to a hotel-keeper
shall be paid not later than thirty days after the hotel-keeper has
given him the contract services which he had bound himself to
give.
  10      CAP. 264. ]         TRAVEL AGENCIES AND HOTEL SERVICES
PART IV
MISCELLANEOUS
Signed allocation 
form is deemed to 
be a Maltese 
contract.
 19. (1) An allocation form when signed by a person
requesting contract services in a hotel and the hotel-keeper, shall be
deemed to be a contract entered into in Malta and subject
exclusively to Maltese law and jurisdiction.
(2) For the purposes of this section an allocation form shall be
deemed to have been duly signed even if the acceptance of the
terms and conditions of such an allocation form has been signified
to the hotel-keeper by correspondence, telex, cable or any other
similar means of communication.
Guest house 
keepers and 
holiday premises 
keepers. 
Amended by: 
IV. 1986.3.
20. The provisions of articles 16, 17, 18 and 19  shall apply,
mutatis mutandis , to guest house keepers, hostel keepers and
holiday premises keepers for services rendered or to be rendered in
their guest house or in their hostel or in their holiday premises, as
the case may be.
Minister may grant 
exemption from 
Act.
21. The Minister may, by order published in the Gazette,
exempt any person or class of persons specified in such order from
all or any of the provisions of this Act.
Tourist couriers. 
Added by: 
XV. 1984.5.
21A. (1) No person shall act as a tourist courier unless he
satisfies the requirements of the provisions of any regulations made
under this section, and no travel agent shall employ as tourist
courier any person who does not satisfy the requirements aforesaid.
(2) The Minister may make regulations for prescribing the
requirements, including the sitting for and qualifying in an
examination, which shall be satisfied by any person in order to act
as tourist courier for the purposes of this Act, and to provide for
any matter incidental or supplementary thereto.
(3) Any person who contravenes subarticle (1) shall be guilty
of an offence and shall be liable, on conviction, to a fine ( multa )
not exceeding two hundred liri.
Official secrecy. 
Amended by: 
XIII. 1983.4.
Cap. 123. 
Cap. 142. 
Cap. 239.
22. (1) No person having an official duty or employed in the
administration of this Act shall in any way divulge or shall be
required to produce or divulge in any court, tribunal, Board or
committee of enquiry or in any way whatsoever any information,
document or other matter coming under his notice in the
performance of his duties under this Act except as may be
necessary for the purposes of this Act, or for the purpose, or in the
course, of a prosecution for any offence against this Act, or when
so required for the purposes of the Income Tax Act, or the Statistics
Act or the Death and Donation Duty Act * .
(2) Saving any higher punishment which may be provided
under any other law, whosoever contravenes the provisions of this
section shall be guilty of an offence and shall, on conviction, be
liable to a fine ( multa ) not exceeding five hundred liri or to
imprisonment not exceeding one year, or to both such fine and
*Repealed by Act XVI of 1993.  See  Duty on Documents and Transfers Act (Cap. 364).
          TRAVEL AGENCIES AND HOTEL SERVICES [ CAP. 264.       
imprisonment.
Probation Act shall 
not apply. 
Added by: 
IV. 1986.4. 
Cap. 446.
23. The provisions of the Probation Act shall not apply in
relation to the offences under articles 3, 5, 6B, 7, 11, 16, 17, 20,
21A and 22 and in relation to any contravention of any regulation
made under article 14.
