Tourism Law in Europe

8 contractual breach of the entrepreneur and the ways of demanding such responsibility, adopting more beneficial conditions for the consumer. This is the case, for example, of access to consumer arbitration as an out-of-court procedure for resolving disputes between trader and consumer, reserved only and exclusively for those who have the latter status following the TRLGDCU. Thus, according to Article 3, consumers are understood to be both natural persons acting for purposes other than their trade, business, craft or profession and legal persons and unincorporated entities acting for non-profit purposes in a field other than a trade or business, provided that the accommodation does not form part of a package travel contract, because if it does, the guest will in any case be considered a consumer [Art. 3 in relation to art. 151.1f) TRLGDCU 15 ]. Authorised doctrine 16 defends that this traveller, as a contracting party or beneficiary of the package travel, has the status of customer, a broader term that includes both a consumer and a professional. IV. Obligations of the Parties An obligation is a concept that has the same meaning in both Civil Law and Commercial Law and is conceived as the relationship between two persons, one, called the debtor, committing to perform a service in favour of the other, the creditor 17 . As any bilateral and synallagmatic contract, the contract of accommodation generates different obligations for both parties. VI.1. Obligations of the Hotel Operator By virtue of the contract, the hotelier is fundamentally obliged to provide the accommodation service, for which he must place the agreed accommodation units at the disposal of the guest, as well as to allow him to enjoy them peacefully for the duration of the contract. This obligation was expressly included for the first time in Article 534-13.1 15 This provision recognises the condition of the traveller, meaning toda persona que tiene la intención de celebrar un contrato o tiene derecho a viajar en virtud de un contrato celebrado con arreglo a este libro  any person who intends to enter into a contract or is entitled to travel under a contract concluded in accordance with this book (author’s translation)  . 16 GUILLÉN CARAMÉS, J. “Algunos aspectos de la protección jurídica del turista”, Revista Española de Derecho Administrativo , no. 115, July-September, 2002, p. 293. 17 Vid. GARRIGUES Y DÍAZ-CAÑABATE, J. Curso de Derecho Mercantil , op . cit ., p. 4.