Tourism Law in Europe

17 customer's luggage, and, more generally, on customer's belongings that are in the hotel or in one of its dependencies 56 . In addition to the main obligation to pay the price, the customer has the obligation to show the identity document upon arrival, use things at his disposal or those of common use according to their destination, without deteriorating them beyond normal wear and tear and to observe the obligations, prohibitions and recommendations of hotelier 57 . Hotelier must, at the same time, facilitate the use of goods available to customer and ensure the serenity necessary for the enjoyment itself. Precisely to allow and guarantee all this to customer, a particular discipline is provided for the responsibility of hotelier for things brought to the hotel by client. This was already contained in the code of 1865. Here it was regulated as a necessary deposit. 58 Subsequently, with the r.d.l. n. 2099 of 1919 obtained an autonomous physiognomy, and responsibility for necessary deposit was replaced by responsibility for professional and business risk and for the non- compliance with the duty of guarantee, which hotelier had to fulfill in relation to the activity carried out. Subsequently, with law of 10 June 1978, n.316, which ratified Paris Convention of 17 December 1962, on the "responsibility of hoteliers for objects brought by travellers", the discipline of hotel deposit contract was reformed again, modifying the letter of art. 1783, and adding new regulatory provisions. Purpose of the rule was to extend customer protection as much as possible. Although we speak of hotel deposit contract and hotel contract as two different legal institutions, first cannot be defined as an independent contract with respect to second 59 . 56 Art. 2760 c.c. “Hotelier's credits for wages and services to people housed have privilege over the things they bring to the hotel and to the outbuildings and which continue to be there ". The privilege also affects third parties who have rights over the things themselves, unless the hotelier was aware of these rights at the time the things were brought into the hotel. 57 Widely on concurrent detention M.E. La Torre, Il contratto di albergo (Hotel contract) , in V. Franceschelli & F. Morandi, cit, p. 318 et seq . 58 See, R. Visentini, Limiti alla responsabilità civile dell’albergatore (Limits to the civil liability of the hotelier) , in Assicurazioni 1949, I, p. 169 et seq . See also V. Cattaneo, Del deposito necessario (Of the necessary deposit) , in Codice civile italiano annotato, Tourin, 1865, p. 1641; F. Ricci, Dei contratti in specie (Contracts in particular) , IX, Torino, 1883, p.411 et seq . 59 According to prevailing jurisprudence, in order for hotelier to be liable indefinitely, it is necessary that the thing be delivered with the aim of keeping it safe. To achieve this, a specific agreement is required, a deposit agreement, which depends on that of the hotel. See: Cass. 25 June 1977, n. 2730, in Arch. Civ., 1977, p. 1114; App. Milano, 6 December 1968, in Foro Pad., 1969, I, p. 1035, in Nuovo dir., 1970.