Sustainable Tourism Law

TOURIST AND CONSUMER PROTECTION 689 and shall not be altered unless the contracting parties expressly agree. This is the same in the case of the Package Travel Directive and it is important for consumer protection. Besides, as a Recommended practice, the contract should include: the identity of the accommodation service provider and the tourist; times for the check-in and check-out; general terms and conditions, upon request, ancillary services and other provisions provided under mutual agreement. – Failure of performance or improper performance: the accommodation service provider will be liable to the tourist in accordance with national laws for the proper performance of the obligations under the contract. In the case that prior to the arrival of the tourist the accommodation service provider is aware that it will be unable to fulfil its obligation under the contract, the tourist shall be informed of this situation without delay and of his right to cancellation without penalty. In case of problems upon the arrival of the tourist, if the accommodation service provider fails to provide the services contracted, he will provide to the tourist, without extra cost, a level of accommodation that is at least equivalent. This is the same model of protection of the package travel: protection to the tourist (the traveller in the case of the Package Travel Directive) before the execution of the package and protection during the execution of the contract, during the trip. Besides, Recommended practice 4.2 prohibits false information, unfair commercial practices, etc. This is a specific regulation, but the rules to protect the consumers, in general, prohibit this kind of commercial practices. – Assistance obligation in case of unavoidable and extraordinary circumstances or emergency situations. Accommodation service providers should take necessary measures to ensure that in case of unavoidable and extraordinary circumstances or emergency situations, they cooperate with the authorities of the host country, providing the following: information concerning the tourist’s identity and location; the consequences of the unavoidable and extraordinary circumstances or the emergency situation regarding the provision of accommodation services by the provider; information of how aid might be offered; information on state of health and well-being of the tourists and information on how the tourists might be contacted and removed from danger and repatriated.