Sustainable Tourism Law

68 SUSTAINABLE TOURISM LAW 13 February 1991, in Jur. It., 1993, I, 2, 474,, Cass., 882 of 8 February 1990); public or private theatres (Cass., 12051, 7 November 1992). The hotelier liability may be limited or unlimited. Liability is limited to the value of deteriorated, destroyed or subtracted goods, up to the equivalent of one hundred times the rental price per day. The owner’s liability is unlimited when: 1) goods have been handed over to custody; 2) he has refused to take into custody things he is obliged to accept. The Supreme Court, in its decision of 4 March 2014, no. 5030, stated: “ The responsibility of the hotelier, for the goods of the customers arises for the mere fact of the introduction – by the customer – of things in the hotel, regardless of any delivery, since it directly pertains to the contents of the hotel contract, being an obligation of the hotel owner to guarantee to customers, against any loss, damage and theft, the safety of things brought to the hotel ”. Tourist rent contract Tourism law has created a new “type of lease”, “tourism purpose rental” (lodgings rented exclusively for tourism purposes). The law on the reform of leases for residential real estate (Law December 9 1998, no. 431) now expressly refers to art. 1, 2nd paragraph, lett. (c) regarding the leasing of accommodation provided solely for tourist purposes. It is a new terminology that replaces the old legislative formula for “leases designed to meet temporary housing needs” (referred to in Article 26 (a)), Law 392/78 – now repealed from L. 431/98) which was also used for tourist rent contract. Touristic time share contract Time share consist of the coexistence on the same real estate unit (usually located in a tourist resort) of fruition rights belonging to different subjects, each intended to be repeated over the years, but limited to one or more periods during the year. The regulation of time share contracts derives from the Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis. The Directive was implemented in Italy with Dlg. 8 November 1998, no. 427.