By-laws
1 NAME
The name of
organisation: DMCD - Destination Management Companies
Directorate of FATTA
2 REGISTERED ADDRESS
The address of the Directorate is: Suite 1, The Exchange, Republic Street, Valletta VLT 05.
3 AIMS
(1) The main aim of the Association shall be the regulation of relations between members of this
Directorate and workers or Trade Unions;
(2) The
Directorate shall also have these other following aims:
a. The Further development of Malta as a Tourism destination
b. The improvement of support services for overseas principals
c. The maintaining and upgrading of primary and ancillary services provided to tourists whether on holiday and/or incentive whilst in Malta
d. The protection of the members, business and their interest for any defaulting local or foreign entities and/or organisation
e. The consultative role to the authorities with regard to licensing issues in relation to the Tourism Industry.
4 OBJECTIVES
a. Liasing with third parties for the development of existing Tourism market sources and establishing and maintaining new markets.
b. Liasing with overseas bodies and companies in order to ensure that the standards of services locally comply with internationally recognised and accepted norms.
c. Liasing with local associations and suppliers to ensure that local services meet with the highest of standards.
d. Promoting with the authorities and/or third parties the introduction of amendments to, or repealing of certain laws, regulations or practice in the interest of Tourism.
e. Participating in or sponsoring of educational tourism oriented programmes with a view to widening and improving the standards of human resources required for the Tourism Industry in Malta.
f. Regulating, promoting and developing the relations between its members and/or bodies offering services to tourists in Malta.
g. Establishing and maintaining a code of ethics and conduct for its members in order that membership of the Association be accepted as a standard of professionalism in the field of Tourism.
h. Protecting its members against third party suppliers of services, which are below reputable and commercially acceptable norms.
i. Protecting its members against unfair practices by third parties enjoying monopolies or quasi-monopolies.
j. To establish the importance or using Destination Management Companies for related business.
k. To hold joint promotions strengthening Malta's image as a professionally handled CIT destination.
l. To provide other services not included above but relevant to the tourism industry.
5 Powers
The
Directorate has the following powers in order to enable it to fulfil its aims:
a. To do all such things as are necessary for the efficient running of the Association including inter alia, operating bank accounts in the name of the Association.
b. To act on behalf of its members in negotiations with third parties for the improvement or introduction of services offered to tourists.
c. To establish under its auspices, obligations for and on behalf of its members and to enforce penalties for non-compliance.
d. To lobby on behalf of its members in order to promote the interests and the name of the Association and its members.
e. To give its services to those members who ask for them without distinction or preference.
f. To invest Association funds in such ventures that have as one of their aims the promotion or betterment of Tourism.
g. To do all things necessary to attain its aims as it deems fit from time to time.
h. To raise levies as it may deem fit from time to time.
i. Whilst full autonomy will be given to the respective directorates the concept of forming any cartels will not be acceptable to the Association.
6 Membership
6.1 Full-Membership
a. Membership means a company. Or sole trader, or firm duly licensed as an incoming tourism agent in Malta.
b. The proposed member must have a clean record and the Executive Committee needs to be comfortable that the board of directors of the said company are professional in their dealings within the trade and that no individual would have been involved or associated with any type of fraud. Advice from any other recognised Association might be sought.
c. The right of admitting members is reserved to the Executive Committee of the Directorate and it will advise the main Council of
FATTA any new members accordingly.
6.1.1
DMC DIRECTORATE
The criteria for admission shall be the following:
a. The proposed member must be a licensed travel agent who which has a dedicated division to act as a Destination Management Company and/or that 50 per cent of its business originates from Conference and Incentive Travel.
b. Under the future Malta Tourism Authority (MTA) legislation, the company will have to be fully registered DMC with the MTA.
c. The proposed member must maintain a regular and respectable office in Malta, providing services to clients of foreign or local based Tour Operators.
d. The proposed member must have a clean record and the Executive Committee needs to be comfortable that the board of directors of the said company are professional in their dealings within the trade.
e. Any company desiring to become a member has to be proposed by a member and seconded by two members in writing and has to be in such business for a minimum of twelve months.
7 CESSATION OF MEMBERSHIP
a. A member wishing to terminate his membership may do so in writing to the
Administrative Secretary of FATTA.
b. A member whose position has altered since his admission in such a manner as to deprive him of those qualifications required for membership, shall be called upon to resign. If such a member fails to resign within one month from the date on which he is called upon to resign, the Executive Council shall remove the member's name from the membership list.
c. Membership shall be terminated by the
DMCD Executive Commitee if a member acts in a manner contrary to the interests of the Association.
d. A member whose membership is being reconsidered by the Executive Committee is to be informed in writing by the Secretary that he had the right to participate at any council meeting called to discuss such termination and to bring forward his defence.
e. A member whose membership has ceased or been terminated shall be liable for any dues, levies or penalties arising during the course of his membership
8 PROVISION FOR APPEAL
Any decision of the Executive Committee relative to the refusal of admission or termination of membership can be subject to appeal, at applicant's or member's request, to the General Meeting which is to be convened by the Association within three months of receipt of the Notice of Appeal. Such Notice of Appeal has to be entered by applicant or member in writing within thirty days from receipt of notice or refusal of admission or expulsion.
10 EXECUTIVE COMMITTEE OF THE DMCD
a. The
DMCD Executive Committee shall be composed of
at least two members who are
elected each year during FATTA Annual General Meeting. The elected members are
also appointed on the main Executive Council of FATTA to represent this section. The
Chairman will be elected directly
between the members. The Committee shall also appoint or confirm those
members of the committee or other persons who are to represent the Association
on every Council, Committee of any other body; wherever the Association is
entitled to be represented.
10.1
PROCEDURES OF THE EXECUTIVE COMMITTEE OF THE DIRECTORATE
a. Meetings of the Executive Committee shall be called at the instance of the Chairman as necessary through secretatiat if FATTA. At least forty-eight hours notice shall be given by telefax, telex or ordinary mail convening Executive Committee meetings, unless urgency otherwise dictates.
c. The quorum at Executive Council meetings shall be 50 per cent of the members. The omission, even if accidental, to give notice of a meeting to any member shall not invalidate the proceedings at that meeting.
10.2
AMENDMENTS TO THE By- LAWS
Alterations, revocations and additions to any part of these bye-laws shall require the consent of
majority of the committee and ratified by the Executive
Council of FATTA
10.3
MISCELLANEOUS
a. Every member is entitled to a copy of these
by-laws.
Code of Ethics
1 Applicants for DMCD membership recognise the role of DMCD in providing a platform for professionalism, quality, education and business opportunities, and accept personally and within the scope of their authority, on behalf of their companies the responsibility to abide by and follow DMCD's policies and Code of Ethics.
2 Applicants for membership shall not misrepresent their qualifications and experience in the incentive industry, shall not claim to be in a discipline in which they do not belong at the time of application, and shall not seek unjustified references or otherwise mislead their sponsors.
3 A member shall support the purpose and goals of the Society of Incentive &
Travel Executives or any other similar organisations.
4 No member shall solicit a proposal or seek terms, conditions, format or ideas from another with the intent of taking unfair advantage of the information which may be obtained as a result of the solicitation or with deliberate intent of using that information to manage his/her own programme without the services of that company.
5 No member shall use a supplier's complimentary services to visit a destination for an inspection without specific present or future interest on the part of the member to place business at that destination and with that supplier.
6 No member shall take confidential information or creative ideas of his/her competitor and/or current or former employer(s) and present them to customers as his/her own exclusive creation.
7 No member shall take confidential information or creative ideas and send them to competitors of the provider for any reason.
8 No member shall knowingly make false or misleading statements
a) About competitors
b) To secure otherwise confidential information
c) About the member's expertise or ability to successfully and professionally meet a potential client's needs
d) About rates, costs, accommodation, transportation, capacities or any other factors regarding a proposed programme.
9 No member shall solicit a proposal from a supplier without intent fairly to consider the proposal.
10 No member shall purposely misinform or mislead by act or omission, a supplier as to why a programme proposal was rejected or why another's proposal was accepted.
11 No member shall intentionally or negligently misinform or mislead by act or omission his/her clients about actual conditions or existing services and his/her ability to deliver a programme.
12 Unless privileged relations or agreements already exist, suppliers asked to quote on the same business by different customers shall treat all customers equally, with confidentiality offering the same conditions and giving them the opportunity to compete on equal terms.
13 Members must protect the confidentiality of all business arrangements and not knowingly reveal details of such agreements.
14 A member shall honour signed contracts in spirit as well as in intent and every effort to honour all commitments both written and verbal as may be legally required.
15 No member shall exclude, without good cause, another buyer or supplier who is already involved in a client's proposal.
16 A member shall deal honestly and fairly with all members and business associates.
17 Membership in the DMCD implies that members have read the Code of Ethics and that they fully agree to apply it conducting business accordingly. Breach of any other above articles may result in disciplinary action including expulsion from the DMCD.
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