The course aims to deepen the legal framework of tourism businesses, with reference to the regulation of the main contracts in the sector, the responsibility of the operators of the tourism companies and the protection of tourist rights.
The learning objectives of the course can be as follows:
Knowledge and understanding: The student will have to demonstrate to have acquired a knowledge of the institutes of the law of the tourism, in the light of the acquired competences about private and commercial law, in way to develop the knowledge of such notions and to apply them to the sector of the tourist enterprise, to understand the legal profiles of tourism activity and their economic effects.
Applying Knowledge and understanding: The student must develop a capacity for critical analysis of the tourist discipline, developing links with the institutions of private and commercial law already in his possession.
Judging skills: The student, following the acquired knowledge and skills, will be able to select and interpret the discipline of companies operating in the tourism sector with independent judgment, dealing with the specific problems of the sector and solving the legal problems of safeguarding the interested parties.
Communicative skills: Student will express their knowledge in a clear and efficient manner, with appropriate legal terminology.
Lifelong learning skills: Student will develop the skills to deepen acquired knowledges through the constant updating of normative, jurisprudential and doctrinal sources, that will allow him to independently follow evolution of living law and to face with maturity successive paths of specialized studies and professional and work experiences.
Is required the passing of exams of private law and public law. However, a good knowledge of the basics of commercial law is useful.
The private tourism law. Reservations. Hotel booking pure and confirmed. Overbooking. The hotel contract. Hospitality contracts. Sources and obligations of the parties. The residence and camping contract. The responsibility of the hotelier. Foundation and regulatory evolution. Limited and unlimited liability. Performance. The parking and storage contract. Catering contracts. Catering and banqueting. Organized tourism contracts. Tourist packages. Transport and tourism. Tourism and nautical boating. Distribution and advertising of tourist services. Tourism and civil liability. Damage from ruining the holiday. The protection of tourist rights.
The course content will be divided into several lesson blocks:
First block (24 hours – 3 c.f.u.):
The private tourism law. Reservations. Hospitality contracts. Hotel keeper’s responsibility. Catering contracts.
Second block (24 hours – 3 c.f.u.):
Contracts of organized tourism. Transports and tourism. Tourism and nautical boating. Distribution and advertising of tourist services. Tourism and civil responsibility. The protection of tourist rights.
Frontal lessons, during which practical cases will be dealt with through the analysis of jurisprudential cases, to be considered an integral part of the program for attending students.
* UPDATE. Following the government and University measures functional to the containment of epidemiological data, the lessons can take place through a progressively greater use of distance learning tools, according to the indications of the Rector's decrees. The conduct of face-to-face lessons, in this case, also provides for a connection via Ms Teams that allows students to interact. The teacher will promptly communicate any changes in the methods of conducting the lessons in compliance with the University provisions.
Santagata, Diritto del turismo, Utet Giuridica, 2018 (IV ed.), without capp. I-VI, XI, XII, XVII.
The attainment of the training objectives is ensured by an oral interview, aimed at verifying the acquisition of the competences covered by the program. The test aims to verify the understanding of the legal notions of the discipline of the tourist enterprise. During the course an intermediate written test is held, reserved for students who have attended at least 90% of the lectures, concerning the part relating to block I of program. Students who qualify for the mid-term exam will only address the additional topics covered by the program in the oral exam (block II).
* UPDATE. In compliance with the instructions of the University about distance learning, starting from October 2020 and until the resumption of teaching activities in the presence, the tests will take place through the completion of a written test on the elearning.uniparthenope.it platform (which includes the University application for monitoring students Respondus Lockdown Browser to ensure the regularity of the exam) and a subsequent oral interview on Ms Teams, which is accessed after passing the written test. The test consists of three open-ended questions (max 20 lines) and it has a duration of 30 minutes, which also include the time required for the completion of the preliminary phase of the Respondus Lockdown Browser application. The oral exam consists of an interview on the topics of the course program. Passing the written test gives the right to take the oral exam only in the session in which the written exam was passed. During the written test it is not allowed to consult texts and notes or use IT media (such as smartphones, tablets, PCs, etc.). The teacher will send the booked students a communication with the instructions as the session approaches and will publish in time the list of candidates admitted to the oral exam.
The mark, out of thirty, will be the result of the two tests, according to the following evaluation grid:
18-20: The student possesses a sufficient knowledge of the discipline of the exam topics, albeit with expository difficulties and / or gaps.
21-24: The student has a thorough understanding of the discipline of the exam topics, despite some minor gaps. Show that you understand the principles of the matter. It adequately exposes its knowledge.
25-27: The student has a good knowledge and understanding of the exam topics, albeit with some uncertainties about some questions. He exhibits his knowledge in a more than satisfactory way. Show legal reasoning skills.
28-30: The student has an excellent knowledge of the exam topics and has fully understood and assimilated the principles of the subject discipline. Responds with confidence and smooth exposure. Demonstrates propensity for critical reasoning and the ability to develop a legal argument with a correct dialectical method.
The reference text is integrated with additional material available on the reserved area. Students may ask for further explanations to the teacher by writing to the email address email@example.com