Tourism Law in Europe

10 This scenario has produced some distortions in the sector, including, for example, the absence of a specific discipline with regard to the classification of accommodation facilities. Unfortunately, if for hotel facilities at least reference can be made to the d.p.c.m. of 21 May 2008 which set the minimum standards for "services and equipment for classification of hotels", the result of a collaboration between State and Regions, for all other types of accommodation facilities there is no homogeneous classification system throughout Italian territory. The State, in fact, does not have the skills to act autonomously and Regions have not been able to coordinate 33 . Negative consequences for the sector at a commercial and marketing level are evident, since it creates confusion and erroneous expectations in customers, as well as distorting effects on a competitive level between operators in different regions. Albergo Diffuso fits into this context and suffers from some critical issues not yet overcome, deriving above all from the lack of coordination between the regions 34 . The first definition and discipline of Albergo Diffuso , we have seen, was with the law of the Sardinia Region in 1998, followed by many other regions that introduced a widespread hotels discipline into their own legal systems, inserting characteristics and criteria that are not always the same 35 . The introduction of a specific discipline of these forms of hospitality was necessary, as on many occasions we were faced with accommodation experiences identified as Albergo Diffuso , but which in reality were not such. Although the disciplinary inhomogeneity has already aroused due criticism in the past 36 , unfortunately, some regulatory differences between the Regions still remain today. Above all, they comply with the necessary requirements, such as distance of the accommodation from reception building, maximum number of inhabitants of the Municipality where the hotel is to be created, 33 For a detailed analysis see: L. Righi, Le strutture ricettive (The accomodation facilities) , in V. Franceschelli & F. Morandi (ed.), Diritto del turismo (Tourism law) , 2019, Milano, p. 164 et seq . 34 Also with regard to classification, see F. Morandi, cit., 2015, p. 334 and 335. 35 See F. Morandi, La disciplina regionale dell’albergo diffuso, cit., 2008, p. 19: “coordination of regulatory initiatives in order to achieve the adoption of a modulated and organic legal regime, but at the same time specific and flexible, on which the commitment of administrations, operators and users themselves can converge”. 36 Among all: F. Morandi, cit, p. 19; C. Vignali, cit, p. 609 et seq . The Author states that: "In a global economy, where the homogeneity of the rules is particularly important, a non-uniform model is a harbinger of uncertainty and confusion for tourists-consumers and industry operators"; G. Dall’Ara, Manuale dell’albergo diffuso ( Albergo diffuso manual), Milan, 2010.

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