Tourism Law in Europe

22 “characteristic performance”, namely the concession, in terms of possession and use, for the time period agreed upon – which is typically rather short – of a specified space, suitable for accommodation, within their legally operating accommodation establishment. Furthermore, the same party is obliged to take care of the cleanliness, heating, supervision, housekeeping and lighting of the aforementioned space, as well as to provide water, electricity, Internet connectivity and, generally speaking, any amenity advertised (Article 7(10) Law No. 4276/2014 and Article 10(Ι) Regulation on Hotel Owners-Clients Relations). The client, on the other hand, undertakes to pay the agreed price, which is usually commensurate with the hotel’s quality rating. As regards the applicable rules pertaining to hospitality contracts, these are sourced from private law that includes Civil Code provisions – particularly those on the lease of things i.e. Articles 574 et seq . CC, as well as the special provisions of Articles 834 et seq . CC, the Regulation on Hotel Owners-Clients Relations (Article 8 Law No. 1652/1986) – Law No. 2251/1994 on consumer protection, any individual hotel’s Standard Terms of Business (i.e. terms pre-formulated by their user which may be applied, without any modification or derogation, to an infinitude of contracts), ad-hoc agreements between parties that take precedence over soft law or the Standard Terms of Business and, finally, any internal operating rules in effect 24 . The relationships between hotel owners and clients-tourists, apropos of their respective rights and obligations, are governed by the Greek Civil Code provisions “on the liability of hotel owners” (Articles 834-839) and by the Regulation on Hotel Owners-Clients Relations. It is worth noting that the legislator proceeded to only regulate the issue of the hotel owner’s liability towards their clients for losses sustained in terms of clothing, baggage and other items moved within the limits of the establishment by the clients staying there (the French Code refers to a depot hôtelier , a deposit of carried items in a hotel). The same concept is also found in Greek law, as well as the issue of the hotel owner’s legal pledge on these items. As such, the legislator failed to regulate several issues of great importance, such as the conclusion, the fulfilment, the results and shortcomings of the 24 For the concept of hospitality contracts, see Georgiadis, A. (2007), ibid ., pp. 433-434; Rizos, E. (2016), ibid ., p. 15; Divrioti, A. (2016), ibid ., p. 46; Poulakou–Euthumiatou, A. (2009), ibid ., p. 83; Logothetis, M. (2001). Δίκαιο της Τουριστικής Βιομηχανίας [Tourism industry law]. Athens: Sakkoulas Publications, pp. 235-236; Psychomanis, S. (2003), ibid ., p. 18; Kardoulia, E. (2017), ibid ., pp. 49-51.

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