Sustainable Tourism Law

FROM TOURISM TO SUSTAINABLE TOURISM 65 The Supreme Court, in its decision of 2 October 2008, no. 24430, stated that: “ The recognition of the agritourism quality of the “reception and hospitality” activity requires the simultaneous existence of the qualification of an agricultural entrepreneur by the subject that exercises it, the existence of a “connection and complementarity” relationship with the proper agricultural activity and of the permanence of the latter’s principality compared to the others ”. In Italy, in 2016, there were 22.661 agritourism farms, 423 more than the previous year (+1.9%) 55 . A new kind of business enterprise TourismLawhas also sought tooutline a “new” formof business, the tourist enterprise. This concept, coupled with traditional notions – industrial enterprise, business enterprise, agricultural enterprise – is not, indeed, convincing.With theTourismLaw reform of 2001, our legislator seemed to want to elaborate a new unified concept of tourist enterprise, carved in art. 7 of the Law of 29March 2001 no. 135. Art. 7 states: “ Tourist enterprise are those that concur in the formation of the tourist offer, enterprises engaged in economic activities, organized for the production, marketing, brokering and management of products and services, including bathing establishments, infrastructure and business facilities, as well as those part of the Local tourist systems ”. Travel agent: a traditional business Travel and tourism agencies fall within the category of tourismbusinesses, privately owned, with the aim of providing a number of tourist services for a consideration. The rules of reference are mainly private law, where the relationship between the travel agent and its customers are stated. However, travel and tourism agencies are also referred to by rules of public law and, specifically, of administrative law regarding the conditions for exercising their business 56 . This explains the presence of rules on travel and tourism agencies, within the framework of the first “Legge Quadro” on tourism (first Legge Quadro No 217 of 1983, Article 9) and the second Legge Quadro and in Regional Laws and Statutes. The Travel Agent acts as an agent vis-à-vis the tourist in its relation with a Tour Operator t 57 . 55 ISTAT Statistic. 56 Carlos TORRES, Direito do Turismo, Vol. II, Lisboa, Amadeus – ESHTE, 2012, page 193. 57 See, for example Supreme Court, October 8, 2009, n. 21388: “The specific mandate relationship between the tour operator and the travel agent is highlighted when the former receives the package price from the traveler making him sign the travel contract”.