Reservations and Declarations for Treaty No.041 - Convention on the Liability of Hotel-keepers concerning the Property of their Guests

Nature of declaration : Communications
Status as of 17/09/2019

Malta

Malta legislation concerning the matters governed by the Convention communicated in pursuance of Article 1, paragraph 3 of the Convention by a letter from the Maltese Government, dated 14 January 1967, registered at the Secretariat General on 17 January 1967 - Engl. only.

ACT No. 11 of 1966

An Act further to amend the Civil Code, Cap. 23

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the House of Representatives of Malta, in this present Parliament assembled, and by the authority of the same, as follows :

1. This Act may be cited as the Civil Code (Amendment) (No. 2) Act, 1966, and shall be read and construed as one with the Civil Code, hereinafter referred to as "the principal law".

2. For section 1082 of the principal law there shall be substituted the following :

"Liability of hotel-keepers 1082. (1) A hotel-Keeper shall be liable up to an amount not exceeding seventy five pounds for any damage to or destruction or loss of property brought to the hotel by any guest.

(2) The liability of a hotel-keeper shall be unlimited :

a. if the property has been deposited with him ; or

b. if he has refused to receive the deposit of property which he is bound under the provision of the next following sub-section to receive for safe custody ; or

c. in any case in which the damage to, or destruction or loss of, property has been caused, voluntarily or through negligence or lack of skill, even in a slight degree, by him or by a person for whose actions he is responsible.

(3) A hotel-keeper shall be bound to receive for safe custody securities, money and valuable articles except dangerous articles and such articles as having regard to the size or standard of the hotel are cumbersome or have an excessive value.

(4) A hotel-keeper shall have the right to require that any articles delivered to him for safe custody shall be in a fastened or sealed container.

(5) The provisions of sub-section (1) and (2) of this section shall not apply if the guest, after discovering the damage, destruction or loss, does not inform the hotel-keeper without undue delay, or if the damage to, destruction or loss of, property is due :

a. to a fortuitous event or to irresistive force ; or

b. to a reason inherent in the nature of the property damaged, destroyed or lost ; or

c. to an act or omission of the guest by whom it was brought into the hotel, or of any person, other than the hotel-keeper, to whom such guest may have entrusted the said property or of any person in the employment of such guest or accompanying him or visiting him.

(6) Any tacit or express agreement between a hotel-keeper and a guest entered into before any damage to, destruction or loss of, property has occurred and purporting to excude, reduce or make less onerous the hotel- keeper's liability as establshed in this section shall be null and void :

Provided that, in the cases referred to in paragraphs (a) and (c) of sub-section (2) of this section, where the damage to, or destruction or loss of, property has not been caused by a person mentioned in the said paragraph (c) voluntarily or through gross negligence, any agreement signed at any time by the guest whereby the hotel-keeper's liability is reduced to an amount being not less than seventy five pounds shall be valid.

(7) In this section and in section 2113 of this Code `guest' means a person who stays at the hotel and has sleeping accommodation put at his disposal therein, but is not an employee in the hotel.

(8) In this section, any reference to a `hotel-keeper', except in so far as the liabilities thereby established are imposed on the hotel-keeper, shall be construed as including reference to the person in charge of the hotel or of the reception of guests in the hotel, and any reference to `loss' shall be deemed to include by theft."

3. Sections 2023 and 2024 of the principal law are repealed.

4. For paragraph (b) of section 2113 of the principal law there shall be substituted the following :

"Hotel-keeper (b) the debt due to a hotel-keeper for accommodation provided or supplies furnished to a guest, over the effects of such guest, so long as such effects exist in the hotel or house of the hotel-keeper;".

Passed by the House of Representatives at Sitting no. 99 of the 3rd January 1966.
Period covered: 13/03/1967 -
Articles concerned : 1


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.