Tourism Law in Europe

15 the type of structure, and therefore the completeness of the offer to the public, must clearly state what type of hotel it is in the sign. As regards the place where the contract is concluded, jurisprudence has observed that: "to determine the place of execution of a hotel contract, reference must be made to the place where the note is made, availability is confirmed and price paid” 47 . Obviously, the rules for greater consumer protection remain valid 48 . The hotelier 49 , and like him also the widespread hotelier 50 , is a commercial entrepreneur, and as such he is burdened with the economic risk 51 . The status of entrepreneur is a precondition of hotel contract, according to some, only such qualification can justify the special liability regime for hotelier provided for by the Civil Code 52 . According to case law, responsibility of hoteliers is inspired by a strict protection of the property of the person who travels, who is in a position to be more exposed to the pitfalls and attacks against the assets, than he is at home, once also by the hands of the same innkeepers, As for the parts of the contract, while on the one hand we always have the hotelier, on the customer's side there may be some legally relevant cases. When the policyholder is a natural person and the beneficiary of the service, no questions arise. When, however, contracting person, legal or natural, and beneficiary do not coincide, doctrine and jurisprudence have agreed to refer this case not to the institution of 47 See. App. Milano, 10 June 1984, in Foro pad., 1984, p. 388. 48 See M. E. La Torre, cit., p. 71 et seq. 49 L. Mezzasoma, La responsabilità civile dell’albergatore (The civil liability of the hotelier) , in Rass. Dir. Civ., 3/90 p. 532 et seq . According to the author, hotelier is the one who provides people with accommodation and all services related to it for the consideration of a price. 50 About the question of entrepreneurship see note number 22. 51 D.M. Salvioni, Le imprese alberghiere: complessità strutturale e meccanismi di controllo (Hotel companies: structihhural complexity and control mechanisms) , Milan, 1982, p.10. 52 See, M. Bussoletti, cit. , p. 2 et seq .; A. Asquini, Il diritto commerciale nel sistema della nuova codificazione (Commercial law in the new codification system) , in Riv. Dir. Comm., 1961, I, p. 437; A. Nigro, Imprese commerciali e imprese soggette a registrazione, fattispecie e statuti (Commercial enterprises and enterprises subject to registration, cases and statutes) , Tourin, 1983, p. 26. Jurisprudence: Cass., 9 November 1978, n. 5115, in Riv. Fisc., 1979, III, p. 1059; Cass. 21 May 1980, n. 3354, in Giur. it. Mass., 1980, p. 845; Cass., 2 July 1981, n.4309, Giur. it. Mass., 1981, p. 1081.