Tourism Law in Europe

19 accompany him, who are at his service or who visit him; 2. on force majeure; 3. on nature of the thing 62 . Responsibility is based on the duty to ensure the safety of things that customer brings with him and derives from the obligation on hotelier to do everything necessary, so that customer and his assets are protected 63 . As part of doctrine rightly observes, the term indirect custody means precisely the entrusting of client's things to the hotel as a whole, without there being a specific deposit in hands of the hotelier. The element of traditio , characterizing deposit contract in general, in the case of liability for things brought to hotel loses its central position to leave it to the service of guarding, which becomes the main one, as well as dependent and subordinate to hotel contract 64 . In the event that the deterioration, destruction or theft is due to the fault of hotelier, members of his family or his assistants, his the liability will be unlimited 65. . And always unlimited, according to Article 1784 c.c., will be the responsibility for the goods delivered to hotelier, those that hotelier refused to receive, while having the obligation to do so 66 . If, however, things are dangerous, of excessive value or of a cumbersome nature, in relation to hotel structure, hotelier may refuse to receive them and will therefore speak of legitimate refusal, but there will be no exemption from liability, but a limited liability. In all cases of unlimited liability, customer will have the burden of proving existence of hotel relationship, delivery of property and extent of damage suffered and will be 62 Objectively unsurpassable difficulty for the business organization to prepare appropriate tools to control the presence of those intrinsic defects and to prevent and neutralize their harmful effects. See L. Mezzasoma, cit, p. 561 et seq . 63 See among others, F. Mastropaolo, Il deposito in albergo (Deposit in hotel) , in Rescigno (dir.) Trat. Dir. Priv, Torino, 1985, p. 552 et seq .; G. Ferri, Manuale di diritto commerciale (Commercial lawmanual) , Tourin, 1988, p. 870 et seq. ; F. Carusi, Correttezza (obblighi di) (Correctness (obligations of) , in Enc. dir., X, Milan, 1962, p. 709. 64 As she rightly points out, M. La Torre, cit.: “the link between custody, protection and accommodation emerges”. 65 Ex art. 1785 bis c.c. 66 Art. 1784 c.c.: “The liability of hotelier is unlimited: 1) when the things have been handed over to him in custody; 2) when he refused to receive things in custody that he was obliged to accept. Hotelier is obliged to accept securities, cash and valuables; he can refuse to receive them only if they are dangerous objects or, taking into account the importance and management conditions of hotel, which have excessive value or cumbersome nature. Hotelier may require that the thing delivered to him be contained in a closed or sealed envelope.