1) Basing itself on Regulation 15.1 of the The Package Travel, Package Holidays and Package Tours Regulations (which implements Article 5 of Directive 90/314/EC into Maltese law) the court emphasised that the Regulations apply regardless of whether the contractual relationship between the parties is based on a sale or a service.
2) Where a brochure is given to the consumer this is not considered a contract.
3) Moreover, it is not required that a contract is signed by both parties. Rather, the organiser who offers the travel package is obliged to ensure that the consumer is given a written copy of the conditions of the contract as per Regulation 9.1 (which implements Article 4(2) of Directive 90/314/EC into Maltese law), failing which he shall be guilty of an offence against the Regulations (Regulation 9.3).
4) The court reasoned that since the plaintiffs were given the brochure of a particular hotel, they were reasonably entitled to expect to be lodged at that particular hotel or at least one of a similar quality. Instead they were taken to another hotel which was of an inferior quality and which lacked certain facilities. The court also emphasised that it is the organiser’s obligation to ensure that his client is comfortable in the hotel that is offered to him.