13943 - Tourism Legislation

Learning outcomes

At the end of the course, students will have specific knowledge of the fundamental notions on the system of sources and on the distribution of regulatory and administrative competences in tourism matters, as well as of the main institutes of private nature concerning the regulation of tourism activities. In particular, the student knows the legal regime of the tourist enterprise, the tourist accommodation enterprise, the intermediation enterprise and the organisation of “allinclusive” tourist packages and services, the seaside resort enterprise, the agritourism enterprise, the tourist transport enterprise, as well as the general discipline of the tourist professions. The student has also skills relating to the contractual cases inherent to the tourism sector (the hotel contract; the allotment contract; hotel management contracts; the contract for the purchase of timeshare rights on immovable property; the travel contract; the mooring contract; the transport contract for tourism purposes), also with reference to the relative liability regimes. The student also knows the legal regulations on the ownership of assets for tourist-receptive and tourist-recreational purposes, as well as those concerning protected marine areas and marine parks. The student can examine and apply the regulatory, doctrine and jurisprudential production on tourism to concrete cases.

Course contents

- the concept and legal framework of tourism businesses;
- the concept and legal framework of lodging businesses;
- the concept and legal status of hotel businesses;
- the legal framework governing hotel ownership: the hotel use restriction and its evolution in the law;
- real timeshare; equity timeshare; hotel timeshare;
- hotel timeshare and issues of compatibility with the hotel restriction;
- regulations governing contracts for the purchase of the right to part-time use of real property;
- regulations governing hotel leases and the lease of hotel businesses;
- contracts for the provision of hospitality services;
- hotel reservations;
- the hotel contract;
- the allotment contract;
- hotel management contracts;
- the scope of the hotelier’s liability;
- the concept of package tours and related regulations;
- damages for a ruined vacation;
- the concept and regulations governing beach resorts;
- the legal framework governing maritime state property and concessions of state-owned property for tourism and recreational purposes;
- regulations governing marinas;
- the mooring contract;
- the concept and regulations governing agritourism;
- the contract of carriage for tourism purposes;
- the definition and legal nature of tourism professions.

Readings/Bibliography

Study material will be indicated by the teacher.

Teaching methods

Learning will be stimulated by a continuous reference to case law.

Supporting materials (legal cases, legal texts) will be made available to students by the teacher.

 

Assessment methods

The attention will be focused on the skills to give a complete and accurate picture of the topics and to read the particular cases in the light of general principles as well as on the capacity to describe the cases explained in text and discussed during the lessons.

The assessment of the interview will be carried out taking into consideration:

• the knowledge of institutional profiles and the jurisprudential and doctrinal guidelines;
• the ability to make connections between the different parts of the program;
• the ability to develop critical arguments;
• the exposure articulation;
• the accuracy of the exposure.

The final evaluation will be graded considering the following criteria:

preparation on most of the topics of the exam program, but with limited analytical skills, such as to require the explanatory intervention of the teacher; correct language, but without technicality: 18-21;
preparation on the whole exam program, with autonomous analytical skills, even if not in depth, ccorrect language, but without technicality: 22-24;
preparation on the whole exam program, with autonomous and in-depth analytical skills, correct and sufficiently technical language: 25-27;
preparation on the whole exam program, with independent and in-depth analytical skills, good mastery of language of technical language: 28-29;
preparation on the whole exam program, with independent and in-depth analytical skills, excellent mastery of language of technical language: 30-30L

Teaching tools

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Alessandra Spangaro

See the website of Stefano Faillace