Sustainable Tourism Law

FROM TOURISM TO SUSTAINABLE TOURISM 63 Directive 2015/2302/EU applies to a contract involving the combination of (at least) two of the four factors: transport and accommodation; transportation and rent; transport and services; lodging and rent; housing and services; rent and services. Compared with the previous Directive, the new eye-catching element is the reference to the rent, absent in the provisions adopted in the ‘90s. As a consequence of that, the modular elements pass from three to four, thus increasing the scope of application of the Directive. Indeed, it is an important first element that should not be downplayed. We may discuss if the new element of rent is important or not. But the consequences derived from it, i.e. the expansion of the possible options, is evident. A new tort: the “Ruined holiday damage” Tourism Law has also created a new tort. In fact, the ruinous holiday damage constitutes a peculiarity of the Law of tourism, and in the Law of tourism it finds its dogmatic reconstruction. The ruined holiday damage derives from the decision of the EC Court of Justice, Section VI dated of 12 March 2002, case C-168/00 on Art. 5 of Directive 90/314 / EEC). The ruling became the first case where, by applying Article 5 of Directive 90/314 / EEC on package travel, holidays and all-inclusive circuits, the consumer received the right to compensation for moral damages resulting from the failure to enjoy or take advantage of the services provided during an “all inclusive voyage”. The Italian Supreme Court, in its decision of 11 May 2012, no. 7256 stated that: “ Non-pecuniary damage from a ruined holiday, as expressly provided for in the implementation of directive no. 90/314 / EEC, constitutes one of the “cases provided by law” in which, pursuant to art. 2059 of the Civil Code, the non-pecuniary loss can be compensated. However, not every discomfort suffered by the tourist legitimizes the claim for compensation of this non-pecuniary prejudice, but only those that – in the same way as the general precepts of correctness and good faith – exceed a minimum threshold of tolerance, to be assessed case by case, with appreciation in fact of the judge of merit ” 54 . 54 Supreme Court, May 11, 2012, n. 7256, in Giustizia Civile , 2012, 9, I, page 2018. See also Supreme Court July 14, 2015, n. 14662: “Non-pecuniary damage from ruined holiday requires verification of the severity of the injury and the seriousness of the injury suffered by the tourist, in order to ascertain its compatibility with the principle of tolerance of the minimum injuries”.