Sustainable Tourism Law

FROM TOURISM TO SUSTAINABLE TOURISM 61 Nowadays, the travel contract is governed in Italy by the Consumer Code (Chapter II, Tourist Services, art. 82 – 100). Article 82 deals with the Scope of application 43 , article 83 gives Definitions. The relationship takes into account the triangular structure of the phenomenon, where the subjects concerned are the travel organizer (the tour operator), the seller (normally the travel agent) and the consumer traveller. As far as the notions are concerned, article 84 defines the travel contract as the tourist package for travel, holidays and all-inclusive circuits, resulting from the predetermined combination of at least two of three elements (transport, accommodation and services) sold or offered for sale at a flat rate, and lasting more than twenty-four hours or including at least one night 44 . A new causal element of tourism contracts: the “causa turismi” As we have seen, the Tourist Travel Contract – the new contract created by the law of tourism – is structured as a mixed contract in which the combination of at least two of three elements (transport, accommodation and services) must coexist. It could be inferred that the causal element is, in the possible combinations, the sum of the typical cause of transport and accommodation, of transport and of services, accommodation and services, according to the well-known type of mixed contracts. But it is not so. Private autonomy has, in the contractual typology, elaborated a typical causal element, which we can call “causa turismi – cause of tourism”. And this new element tends to expand, to permeate other institutes linked to tourism. The causa turismi , or, if desired, the “tourist purpose”, or even the “purpose of pleasure” is thus valued as the concrete cause of the travel contract 45 . 43 Art. 82 states: “(Scope of application) 1. The provisions of this chapter shall apply to tourist packages defined under Article 83, sold or offered for sale in Italy by the organiser or vendor, pursuant to Article 84. 2. This chapter shall also apply to tourist packages negotiated away from the business premises and on a distance basis, subject to the provisions of Articles 64 – 67”. 44 Verbatim , art. 84 states: “( Packages ). 1. Packages concern the journeys, the holidays and excursions or visits all included, resulting from the pre-determined combination of at least two of the elements referred to below, sold or offered for sale at a flat-rate consideration, and of a duration in excess of twenty four hours or including at least one night: a) transport; b) accommodation; c) tourist services not related to the transport or accommodation referred to in Article 86, paragraphs i) and o), that form a significant part of the package. 2. The separate billing of elements of the same package shall not absolve the organiser or retailer from the obligations in this unit”. 45 Vincenzo FRANCESCHELLI, Causa and Consideration in Tourism Contracts in the frame of the EU 2015/2302 Directive , in AA.VV , The New Package Travel Directive, V. Franceschelli – F. Morandi – C. Torres Editors, Lisboa, ESHTE – INATEL, 2017, page 23.