Sustainable Tourism Law

212 SUSTAINABLE TOURISM LAW second time in Art. 1, standard 1.2, of Annex III on Accommodation service providers 31 . The “business traveller” – indicating the person who travels for reasons related to his/her own trading, craft, business or professional activity – is considered, as a matter of fact, a “tourist”, unless the package or accommodation had been purchased based on a general agreement of business travel organization between a service provider and a legal or natural person who acts to achieve results in relation to his/her trading, business, craft or professional activity 32 . It must be observed that Art. 1, standard 1.2, of Annex III – Accommodation entitles the Convention State Parties to adopt restrictive measures to exclude business travellers from the scope of the standard discipline concerning accommodation, unlike the Annex II – Package travel that arguably doesn’t include a similar provision to regulate international travel package. The notion of “tourist”, which represents the keystone of the Draft Convention, has a different connotation depending on the legal context in which it is used. Indeed, the definition of Art. 3, lett. a , into the General provisions , expressly relates to the person who travels as having some specific features: (a) includes an overnight stay, (b) involves a main destination, (c) it takes place outside his/her usual location (d) lasts for less than a year, (e) it aims at any main purpose (business, leisure or other personal reasons) than to be employed by a resident entity in the country or place visited. Thus, aiming at identifying the subject, natural person, affected by protection norms and assistance measures, different competing key factors are considered relevant, such as the activity carried out, the trip duration, the objective characteristics, and the purpose of the subject involved. In this sense, the assistance measures during emergency situations apply both to tourists and “excursionists” 33 , while the discipline of travel package in Annex II limits the range of application of the Convention proposal to “packages” 31 Under the rule in question, the business traveller corresponds to “a person travelling for purposes related to his/her trade, craft, business or profession (business traveller) is considered as a tourist, unless the accommodation service is purchased on the basis of a general agreement for the arrangement of business travel between an accommodation service provider and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession». 32 The Art. 1, Standard 1.2, Annex III – Accommodation , unlike the Annex II – Package travel , establish that “notwithstanding the foregoing, States Parties are entitled to adopt restrictive provisions for excluding business travellers from the scope of this Annex”. 33 Under Art. 1, Standard 1, lett. ( c ), Annex I – Assistance in emergency situations , ““ Excursionist ” means a person taking a trip which does not include an overnight stay to a main destination outside his/her usual environment. For the purpose of this Annex any reference to tourists constitutes at the same time a reference to excursionists”.