Sustainable Tourism Law

688 SUSTAINABLE TOURISM LAW is acting for purposes relating to his trade, business, craft or profession. Notwithstanding the foregoing, States Parties are entitled to adopt restrictive provisions for excluding business travellers from the scope of this Annex” 3 . In this Annex we can find four articles that contain the main obligations of the accommodation service provider: – Pre-contractual information obligation: before the conclusion of the contract, the accommodation service provider must inform the tourist, in a clear and comprehensible manner, about the identity of the accommodation service provider, the geographical address and telephone number, and in the case of distance contracts, the fax number and e-mail address. That way, the tourist can contact quickly with the service provider. Besides, he must inform about the main characteristics of the accommodation service; the total price of the accommodation service inclusive of taxes, or when such taxes/charges cannot reasonably be calculated in advance, the fact that such taxes/charges may be payable and the arrangements for payment, performance and the period during which the accommodation service provider undertakes to perform the service. Just like Recommended practice 2.1, the Draft establishes more information that the accommodation service provider must provide to the tourist in an appropriate form. The information is about the following: the policy for the cancellation of the booking, where applicable, the official classification of the accommodation where the accommodation services are going to be provided. Besides, information on any renovation, building work or unavailable facilities is necessary, as well as information on accessibility for people with reduced mobility. – Contractual information. Article 3 is about contractual information obligations. In this case, States Parties shall take the necessary measures to ensure that the pre-contractual information shall form an integral part of the contract 3 It is interesting to compare this standard with point 7 of the Directive (EU) 2015/2302 of 25 November 2015 on package travel and linked travel arrangements about who is a “traveller” in the scope of the Directive: “The majority of travellers buying packages or linked travel arrangements are consumers within the meaning of Union consumer law. At the same time, it is not always easy to distinguish between consumers and representatives of small businesses or professionals who book trips related to their business or profession through the same booking channels as consumers. Such travellers often require a similar level of protection. In contrast, there are companies or organisations that make travel arrangements on the basis of a general agreement, often concluded for numerous travel arrangements for a specified period, for instance with a travel agency. The latter type of travel arrangements does not require the level of protection designed for consumers. Therefore, this Directive should apply to business travellers, including members of liberal professions, or self- employed or other natural persons, where they do not make travel arrangements on the basis of a general agreement. In order to avoid confusion with the definition of the term “consumer” used in other Union legislation, persons protected under this Directive should be referred to as “travellers””.