Tourism Law in Europe

12 services cannot be denied or prevented by the characteristics of the structure, neither that it is vertical, nor that it is horizontal. And the relevance of the so-called ancillary services is well summarized by the Supreme Court which specifies that hotel contract is an atypical contract with which hotelier undertakes to perform multiple and heterogeneous services, ranging from accommodation to provision of services, to deposit, without the recognizable prominence of rental of the accommodation being valid, under the causal profile, to make other services assume a merely accessory character 40 . Therefore, ensuring convenient accessibility of hotel services is a necessary condition for the existence of Albergo Diffuso and accessibility will depend not so much on the meters in line of sight or linear, but on the real and easy practicability of the distance. In fact, a distance is not comparable if travelled on the same level or on a considerable difference in height. The fragmentation of regional disciplines has prompted some deputies to present a bill, on 23 December 2016, to regulate the activity of Albergo Diffuso in a unitary and homogeneous way, with the express purpose of preventing qualitatively different services from being offered. The bill, consisting of 11 articles, defined albergo diffuso as accommodation, horizontal and sustainable, with unitary management, located in historic centres, characterized by centralization of services in a single building municipalities such as the reception office and other main services as well as by the relocation of the housing units in one or more separate buildings. The definition can be said to reflect the content of the regional order. More interesting was article 2 which set the conditions for the location of hotels, defining maximum number of inhabitants of historic centres equal to 5,000 and identifying the characteristics of the accommodation by essentially tracing the regulation of the Campania Region of 13 May 2013, n.4 art. 5 41 . The principle espoused in the proposal 40 See: Cass, 28 November 1994, n. 10158, in Mass. Giust, civ., 11-1994. 41 www.camera.it, Bill December 23, 206, A.C. 4194. Article 3, paragraph 2: The accommodations do not exceed 40 percent of the entire accommodation capacity of the multi-building hotel. 3. The minimum accommodation capacity of the hotel is at least seven residential units, with a minimum number of five rooms. 4. The housing units of which the multi-building hotel is composed are located in at least two autonomous and independent buildings. The presence of housing units in the building of the reception office is allowed. 5. The housing units are no more than 300 meters from the actual building where the reception office is located. 6. At least 70 per cent of the housing units fall within the perimeter of the historic center of the municipality where the hotel business is carried out. The housing units can be located to the extent of 30 percent outside the aforementioned perimeter as long as the distance as the crow flies between the access to the road level of the building containing the housing units and the perimeter of the historic center