Tourism Law in Europe

13 was therefore to establish precise criteria for identifying the characteristics of the accommodations, as well as their location with respect to the historic centres identified and abandoning, instead, the criterion, more compatible with the Italian territorial characteristics, of reasonableness. The interest at state level of a homogeneous discipline of albergo diffuso , therefore an intervention outside of one's own legislative competences could be justified by the need for a unitary intervention by the state legislator to make the most of tourism activity on an economic level 42 , to avoid penalizing tourism development and the creation of unequal situations between one region and another. To date, the bill has not been followed up. 5. The Contractual Relationship Between Hotelier and Customer As stated, since tourism law is a bridge between administrative law and private law, part of the discipline is of regional matrix, the administrative one and part of the discipline is of state matrix and regulates the relationships between the hotel entrepreneur and his customer, contractor or beneficiary who is. Therefore, as regards the relationship between the customer and albergo diffuso enterprise, we are asked which discipline should be applied. Considering it is now a shared opinion that the regulation of the so-called atypical hotel contract can be applied to both hotel and non-hotel accommodation facilities, and to any similar structure (thanks also to the provisions of the Civil Code article 1786, in the matter of activities similar to hotels for the regulation of liability in hotel storage), therefore, there does not seem to be any limitations or difficulties in applying the hotel contract regulation to it 43 . is not greater than 50 meters and the distance from the reception service and other main services is respected. 42 Textually Constitutional Court ruling 88 of 2007. 43 Of opposite opinion P. Scalettaris, L’Albergo diffuso, in Arch. Loc. e cond., 2/07 , www.latribuna.it, who states: "The key element to reach this conclusion is given by the consideration that in the case albergo diffuso 'as concretely present in the reality mentioned above, the only service that must necessarily and in any case be provided is that of the enjoyment of the accommodation. All other services (the so-called "optional services") as we have seen are only possible, related to the request of the interested party. The conclusion, therefore, is that the relationship in question constitutes a rental relationship in the proper sense ". However, the presence of centralized ancillary services is today a qualifying element in the case in point in regional systems.