Tourism Law in Europe

20 compensated for the entire value of the thing commensurate with the increasing damage and loss of profit, based on art. 1223, 1225 of the Italian Civil Code. Section II on hotel deposit agreement closes with article 1786 c.c. This reads: "The rules of this section also apply to entrepreneurs of nursing homes, public entertainment establishments, bathing establishments, boarding houses, restaurants, sleeping carriages and the like". In essence, code provides for an assimilation of hotel deposit discipline, therefore of the responsibility of hotelier, to other equivalent cases 67 . Jurisprudence, from an analysis of law, has come to conclusion that in order to be able to assimilate an activity to hotel one, and therefore apply the legislation on liability, it is necessary that some essential criteria exist, which can be found in: professional and speculative character of activity carried out, nature of the exercise open to the public, nature of services offered to the public such as to imply, for the normality of their performance, the release of the user from any concern about custody for their belongings and entrusting them to the organizer of the exercise 68 . There is no doubt, therefore, that hotel manager's liability rules are applicable to albergo diffuso manager, whose business is fully included in the hotel businesses. However, it should not be overlooked that this responsibility deriving from the so-called "duty of protection" in hypothesis of a widespread hotel will involve a considerable commitment on the part of manager, given the typical nature of structure and the particular distance of the accommodations from the central structure, almost comparable to a camping park, to which art. 1783 and ss. c.c. is unanimously applied, since the protection of the customer and his belongings outweighs the interest of the manager 69 . 67 See App. Roma, 28 January 1981, in Foro it. , 1982, p. 828,: “The discipline relating to the liability of hoteliers for things handed over to staff by customers also applies to a hairdresser's shop”. Cass. Civ. III, 4 October 1991, n. 10393, in Giur. it. , 1992, with comment by G. Chinè, on the responsibility of the restaurateur. 68 Pret. Pietrasanta, 14 March 1960, in Giur. tosc., 1961, p. 244. According to: Cass. civ. 9 November 1987, n. 8268, Nuova giur. comm., 1988, p. 548, comment by D. Giacobbe. 69 See, M. Bigiavi, Il deposito in albergo (Dposit in hotel) , in Giur. sis. Civ. comm.., 1979, p. 60 et seq . Trib. Milano, 16 October 1958, in Nuovo diritto, 1959, p.576 et seq .; App. Milano, 22 May 1962, in Foro it. , 1963, I, p. 205; Pret. Carrara, 4 April 1963, in Giust. Civ., 1963, I, p. 2721: “campsites must be considered similar to hotels for the purposes of liability for deposit, pursuant to art. 1786 of the Italian Civil Code, this decision being inspired by a rigorous protection of the assets of the person who travels, who is in a position to be more exposed to the dangers and attacks against his assets than he is at home: all this must also apply to