S.L. 409.17 · Injunctions For The Protection Of The (S.L. 409.17)
S.L. 409.17 чл. 2Interpretation. Cap. 409. S.L. 409.01 Cap. 378. S.L. 409.02
(1) In these regulations, unless the context otherwise requires -"the Act" means the Malta Travel and Tourism Services Act;
"the Authority" means the Malta Tourism Authority as established under the Act;
"the Commission" means the Commission of the European Community;
"the Court" means, unless otherwise stated in these regulations, the Court of Magistrates in its civil jurisdiction;
"EEA State" means any State which is a contracting party to the agreement on the European Economic Area signed at Oporto on the 2nd May, 1992 as amended by the Protocol signed at Brussels on 17th March, 1993 and as amended from time to time; "European Community" means the organisation established by the Treaty of Rome in 1957 and amended institutionally and otherwise in 1986 by the Single European Act, in 1993 by the Treaty on European Union, in 1997 by the Treaty of Amsterdam and in 2001 by the Treaty of Nice and as amended by accession agreements and as may be further amended from time to time;
"the Injunctions Directive" means Directive 98/27/EC of the European Parliament and of the Council of 19th May, 1998 on injunctions for the protection of consumers’ interests; "list of qualified entities" means the list compiled and updated by the Commission and published in the Official Journal of the European Communities listing the qualified entities in Member States and EEA States in accordance with Article 4 of the Injunctions Directive; "Member State" means a member of the European Community; "the Package Travel Directive" means Council Directive 90/314/ EEC of 13th June 1990 on package travel, package holidays and package tours; "the Package Travel Regulations" means the Package Travel,
Package Holidays and Package Tours Regulations, which regulations transpose the Package Travel Directive; "qualified entity" means any body or organisation which, being properly constituted according to the law of a Member State, has a legitimate interest in ensuring that the provisions referred to in regulation 3 are complied with and, without prejudice to the generality of the foregoing, includes:
(a) a registered consumer association within the meaning of Part IV of the Consumer Affairs Act,
(b) one or more independent public bodies, having a legitimate interest in ensuring the protection of the collective interests of -
(i) consumers of package travel, package holidays and package tours, and, or
(ii) buyers in contracts for time sharing of immovable property, in other Member States or EEA States in which such bodies exist,
(c) voluntary organisations in other Member States or EEA States whose purpose is to protect the interests referred to in paragraph (b) of this definition in accordance with the criteria laid down by their national law,
(d) organisations recognised by the Authority as collectively representing travel agents and, or sellers of time sharing of immovable property, or
(e) any qualified entity from a Member State or EEA State included in the list of qualified entities; "the Timeshare Directive" means Council Directive 94/47/EC of the European Parliament and of the Council of 26th October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis; "the Timeshare Regulations" means the Protection of Buyers in
Contracts for Time Sharing of Immovable Property Regulations, which regulations transpose the Timeshare Directive.
(2) Words and expressions used in these regulations which are also used in the Act, the Package Travel Regulations or the Timeshare Regulations shall have the same meanings as in the Act, the Package Travel Regulations or the Timeshare Regulations.
(3) The provisions of the Act unless provided otherwise in these regulations, shall apply in relation to any notification of any acts however so described and, or of any enforcement measures.