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Insolvency Fund

Background

The Package Travel Insolvency Fund Regulations were enacted on the 4th October 2016, through Legal Notice 315 of 2016 . (Subsidiary legislation 409.18) to satisfy EU Directive 2015/2302 on Package Travel and Assisted Travel Arrangements, which will replace Council Directive 90/314/EEC currently reflected in Subsidiary Legislation 409.01.

These regulations were purposely drawn for the setting-up of an Insolvency Fund to provide security to consumers for a refund of money paid upfront for services booked and for the repatriation of the travellers in the event of insolvency of a ‘travel package organiser.’ The fund is managed and administered by a Managing Board set-up by virtue of these Regulations. 

Consumers are to ensure that they buy travel packages only from Licensed Travel agents (listed below), who are obliged to issue a Certificate showing the MTA license number amongst other information of the package bought. In the event of an insolvency, consumers must first present this certificate in order that a claim is validated. Travel agents not shown in the list are not authorised to sell package travel and would be in breach of the law if they do so. They are not protected against insolvency and therefore consumers will be unable to submit any claim in the event of an insolvency.

 

List of Licensed Operators

A list of licensed operators who can organise travel packages and who are subscribed to the fund can be found below:

MTA Licence NumberEstablishment Name
TRA/A/68 AA Malta Services Ltd
TRA/A14 A & V Von Brockdorff Ltd
TRA/M02 A.von Brockdorff Services Ltd dba The Cruise and Travel Group®
TRA/A/70 Access to Malta
TRA/A30 Amphora Travel LTD
TRA/A18 Arrigo Group LTD
TRA/B02 B.A.S LTD
TRA/B05 Bianchi & Co LTD
TRA/E05 Britannia Services LTD
TRA/B18 Bugeja M.Travel
TRA/C/51 Compass Travel
TRA/C/50 Connect Travel
TRA/C/27 Cruise Yacht OpCo Ltd dba The Ritz-Carlton Yacht Collection
TRA/D/27 Daemba LTD
TRA/D/30 Distant Horizons Ltd.
TRA/E16 Enrico Travel
TRA/E18 Europa Tours
TRA/T/69 Evolution Travel Operation
TRA/E22 Executive Holidays LTD
TRA/G/30 Go Sicily Travel
TRA/H05 Hamilton Travel Services
TRA/L05 Links Travel Ltd.
TRA/M/81 Malta Sports Tours
TRA/M51 Micallef Joe Travel
TRA/P22 Pawlu Testa Travel
TRA/P18 Planit Travel Services LTD
TRA/P/31 Platinum Travel
TRA/D13 Rocs Travel
TRA/R16 Royal Travel
TRA/S25 Sant Travel
TRA/L/23 Sisu Tours
TRA/M38 SMS Mondial LTD
TRA/S/77 Staff Travel Limited
TRA/T51/1 Take a Break Travel Ltd
TRA/E17 Top 3 Travel
TRA/T/44/1 Tristar Travel
TRA/T/62 Tsiakas Travel
TRA/U01 United Travel Agency
TRA/V12 Villager Tours
TRA/V11 Virtu Ferries Travel
TRA/V/11 Vjaġġi Untours
TRA/X02 XL Travel Services

Frequently asked questions by Consumers

Q. What makes a package Travel?

A. A package holiday comprises two or more travel-related services that are advertised and sold in a package, e.g. transport and accommodation. Air-transport can be via charter or scheduled air-tickets.

Q. Who is in charge of the Insolvency Fund?

A. The Fund is administered by the Insolvency Fund Managing Board which is made up of representatives of FATTA (Association of the travel sector), the Malta Tourism Authority and the Chairman appointed by the Minister of Tourism. The Board reports to the Malta Tourism Authority.

Q. Who will benefit from the Fund?

A. This fund is for the benefit of consumers that buy package travel. It provides a safety net for consumers that buy a package from licensed travel agents, who are therefore subscribed to the fund and protected against insolvency.

Q. Does one still need to be insured?

A. Yes. The fund does not replace travel insurance which covers accidents, lost luggage and other risks.

Q. Is this type of Insolvency Protection available in other European countries?

A. Yes. Insolvency Protection is a European Union mandatory requirement. With the introduction of the Insolvency Fund, Maltese citizens will be protected if a travel package organiser licensed by the Malta Tourism Authority and subscribed to the Fund becomes insolvent, as is the case in other EU countries.

Q. How will payments be effected in case of insolvency?

A. In the event that a package travel organiser becomes insolvent, consumers can make a claim for the refund of moneys paid upfront for services booked and for the repatriation to Malta or place of origin, if the travel package organiser files for bankruptcy and the consumer is caught abroad. Claims can only be made on presentation of the certificate issued by the package travel organiser.

Q. What is the certification scheme?

A. The certification scheme refers to the certificate which must be is issued for every package sold. Through this certification system the managing board will be able to evaluate the financial standing and risk exposure of every licensed travel agent and impose additional security requirements it deems appropriate.

 

Logo

Operators who are subscribed to the Fund should also display the following logo on their website and official documentation:

Insolvency

Example of the Certificate

Insolvency

Package Travel and Linked Travel Arrangements Regulations (2018)

Click here to download the package travel and linked travel arrangements regulations. 

Travel operators can access the Insolvency Fund Online System by going to www.insolvency.org.mt

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