2. Professors
  3. APICELLA Domenico
  4. Teaching

TOURISM CONTRACT LAW

Domenico APICELLA TOURISM CONTRACT LAW

0212700187
DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS
EQF6
BUSINESS MANAGEMENT
2024/2025



YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2023
AUTUMN SEMESTER
CFUHOURSACTIVITY
530LESSONS
DOMENICO APICELLA T Curriculum
ExamDate
APICELLA11/04/2025 - 09:30
Objectives
THE AIM OF THE COURSE IS TO MAKE STUDENTS AWARE OF ISSUES AIMED AT REGULATING A COMPLEX ECONOMIC SECTOR SUCH AS TOURISM. THE STRATEGIC IMPORTANCE OF TOURISM, WHICH REPRESENTS AN IMPORTANT ELEMENT OF THE NATIONAL ECONOMY, JUSTIFIES AN INCISIVE PUBLIC INTERVENTION IN REGULATING THE PHENOMENON (BECAUSE OF ITS IMPLICATIONS ON EMPLOYMENT CHANNELS, ON SAFETY, ON PUBLIC ORDER, ON THE PROTECTION AND ENHANCEMENT OF THE TERRITORY AS WELL AS ON THE SAFEGUARDING OF THE ARTISTIC-CULTURAL HERITAGE), AS WELL AS PRIVATE LAW CONSIDERING THE NATURE OF THE CONTRACTS THAT ARE ENTERED INTO FROM TIME TO TIME (TOURIST PACKAGES, HOTEL CONTRACTS, ORGANIZED TOURISM CONTRACTS, TIMESHARE CONTRACTS, ACTIONS FOR DAMAGES, CLASS ACTION).
STUDENTS WILL HAVE GENERAL KNOWLEDGE OF THE RULES GOVERNING THE LAW OF TOURISM, FALLING, FOLLOWING THE CONSTITUTIONAL REFORM N.3 OF 2001 WHICH MODIFIED ARTICLE 117 OF THE CONSTITUTION, AMONG THE SUBJECTS OF CONCURRENT LEGISLATIVE POWER, IN ADDITION TO THE COMMUNITY PRINCIPLES UNDERLYING THE INTERNATIONAL NATURE OF THE “TOURISM” PHENOMENON. THE STUDENT WILL ALSO ACQUIRE KNOWLEDGE RELATING TO THE ISSUES, OF A PRIVATE NATURE, RELATED TO THE APPROVAL OF THE LEGISLATIVE DECREE 23 MAY 2011, N. 79, BETTER KNOWN AS THE TOURISM CODE AND THE CONTRACTS LINKED TO THE SAME CODE.
FURTHERMORE, THE STUDENT WILL HAVE THE OPPORTUNITY TO ANALYZE WITH AWARENESS AND CRITICAL SENSE THE PROVISIONS OF THE LEGISLATIVE DECREE 23 MAY 2011, N. 79 AND SUBSEQUENT AMENDMENTS AND THE ARTICLES OF THE CIVIL CODE WHICH MORE DIRECTLY CONCERN ORGANIZED TOURISM CONTRACTS, HOSPITALITY CONTRACTS, HYPOTHESES OF LIABILITY OF THE HOTELIER, ACTIONS FOR DAMAGES CONNECTED TO "DAMAGE FROM RUINED HOLIDAY" (ART. 46 TOURISM CODE), THE RECENT LEGISLATION ON TOURIST PACKAGES AND THE CUMULATION OF CONTRACTUAL AND EXTRA-CONTRACTUAL LIABILITY, TO CLASS ACTIONS.
Prerequisites
KNOWLEDGE OF PRIVATE LAW
Contents
AFTER AN INTRODUCTION TO THE SOURCES OF TOURISM LAW, THE COURSE WILL FOCUS ON THE FOLLOWING TOPICS:
THE PUBLIC ORGANIZATION OF TOURISM (THE INSTITUTIONS AND TOOLS FOR THE DEVELOPMENT OF TOURISM) E.N.I.T. - NATIONAL TOURISM AGENCY (3 HOURS); PRIVATE TOURISM LAW: HOSPITALITY CONTRACTS (3 HOURS); RESERVATIONS AND OVERBOOKING (2 HOURS); THE HOTEL CONTRACT, THE OBLIGATIONS OF THE PARTIES, THE RESPONSIBILITY OF THE HOTELIER, THE TERMINATION OF THE RELATIONSHIP, (4 HOURS); ORGANIZED TOURIST CONTRACTS: THE TOURIST PACKAGE, THE CRUISE CONTRACT, THE ORGANIZATION CONTRACT AND TRAVEL INTERMEDIATION (2 HOURS); CATERING CONTRACTS (COLLECTIVE CATERING AND THE CATERING CONTRACT, NAVAL AND AERONAUTICAL CATERING, BANQUETING (4 HOURS); TIMESHARE AND LONG-TERM HOLIDAY CONTRACTS (REAL, SHARE AND HOTEL TIMESHARE) (2 HOURS) ; TRANSPORT AND TOURISM CONTRACTS (PASSENGER TRANSPORT CONTRACT, LIABILITY OF THE CARRIER, AIR TRANSPORT, SEA TRANSPORT, RAIL TRANSPORT, THE SKI PASS CONTRACT AND THE LIABILITY OF THE SKI LIFT OPERATOR) (3 HOURS); CONTRACTS OF NAUTICAL PLEASURE (THE CONTRACTS FOR THE USE OF PLEASURE CRAFT: A) THE LEASE, B) THE RENTAL/CHARTER, C) THE MOORING CONTRACT AND THE MANAGEMENT TECHNIQUES OF THE BERTH - SHARE REGISTRATION AND LEASING) (3 HOURS); THE EMPLOYMENT CONTRACT IN TOURISM AND THE PROTECTION OF THE TOURIST'S RIGHTS: MEDIATION AIMED AT RECONCILING DISPUTES IN THE FIELD OF TOURISM, TELEMATIC SYSTEMS FOR RESOLVING DISPUTES, CLASS ACTIONS (4 HOURS).
Teaching Methods
THE COURSE INCLUDES A TOTAL OF 30 HOURS OF LESSONS THE COURSE INCLUDES LECTURES.
THE COURSE INCLUDES LESSONS, EXERCISES AND SEMINARS HELD BY EXPERTS IN WHICH CASES THE STUDIES ARE IN-DEPTH.
ATTENDANCE IS NOT MANDATORY BUT PARTICIPATION IN THE FRONTAL TEACHING IS STRONGLY RECOMMENDED.
Verification of learning
THE EXAM CONSISTS IN A ORAL EXAMINATION.
THE FINAL VOTE IS ATTRIBUTED IN THIRTY-TWO
THE EXAMINATION IS EXCEEDED WHEN THE TOTAL VOTE IS SAME OR MORE THAN 18/30 AND THE TOTAL IS GREATER OR MORE THAN 18/30.
THE MINIMUM EVALUATION LEVEL (18/30) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTAL KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO CONNECT THE NORMATIVE REFERENCES TO THE STUDY CONTEXT.
THE MAXIMUM LEVEL (30/30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO CONNECT THE NORMATIVE REFERENCES TO THE STUDY CONTEXT.
PRAISE IS GIVEN WHEN THE CANDIDATE DEMONSTRATES SIGNIFICANT MASTERY OF CONTENTS AND OPERATIVE THEORY AND EXHIBITION OF KNOWING HOW TO SUBMIT ARGUMENTS WITH REMARKABLE PROPERTIES OF LANGUAGE AND SKILLS DEVELOPMENT INDEPENDENT EVEN IN CONTEXT OTHER THAN THOSE PROPOSED BY THE TEACHER.
Texts
STUDENTS ATTENDING

- TOURISM LAW, A CURA DI GIUSEPPE CASSANO, AA.VV., COLLANA UNIVERSITÀ, MAGGIOLI ED,, 2019. LIMITED TO THE TOPICS COVERED IN THE COURSE.
R. SANTAGATA, TOURISM LAW, LATEST EDITION, UTET LEGAL, LIMITED TO THE TOPICS COVERED IN THE COURSE.
FRANCESCHELLI V. - MORANDI F., HANDBOOK OF TOURISM LAW, GIAPPICHELLI, TORINO, 2022, LIMITED TO THE TOPICS COVERED IN THE COURSE.
FRANCESCHELLI V. - MORANDI F., HANDBOOK OF TOURISM LAW, GIAPPICHELLI, TORINO, 2022.

HANDOUTS PROVIDED DURING THE COURSE OF STUDY BY THE LECTURER.

FRANCESCHELLI V. - MORANDI F., HANDBOOK OF TOURISM LAW, GIAPPICHELLI, TORINO, 2022.

STUDENTS NOT ATTENDING

- TOURISM LAW, A CURA DI GIUSEPPE CASSANO, AA.VV., COLLANA UNIVERSITÀ, MAGGIOLI ED,, 2019.
R. SANTAGATA, TOURISM LAW, LATEST EDITION, UTET LEGAL.
FRANCESCHELLI V. - MORANDI F., HANDBOOK OF TOURISM LAW, GIAPPICHELLI, TORINO, 2022.

THE USE OF A CIVIL CODE UPDATED AND OF THE CODE OF THE STATE LEGISLATION ON THE TOPIC (LEGISLATIVE DECREE 23 MAY 2011, N. 79) IS HIGHLY RECOMMENDED.
More Information
FURTHER TEACHING MATERIAL WILL BE DISTRIBUTED BY THE TEACHER DURING THE COURSE OF THE TEACHING ACTIVITY: NORMATIVE TEXTS, JUDGMENTS.
Lessons Timetable

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