COMMERCIAL TOURISM LAW - 1

Commercial Law and Tourism is a mandatory course of the LL.M in Intercultural Governance of Tourism Systems.
The course will provide students the basic principles and institutions of Tourism law, their functions as regulatory tools of the tourism systems and for potential conflicts.
To reach this scope, it is necessary to acquire an adequate technical and juridical language and the ability to find solutions in the complexity of the source of law characterising this particular system.

1. Knowledge and understanding
1.1 Understand the multilevel legal system which governs the today’s tourism system
1.2 Knowledge of the legal institutions and contracts most used in tourism activities. Knowledge of the elements characterising the tourism enterprises and commercial companies.
1.3 Understand the role of the studied legal institutions and how they govern the relationships and find the best solution to solve conflicts between professional economic actors and consumer.

2. Ability to apply knowledge and understanding
2.1 Ability to find the legal system and source of law applicable to a certain situation.
2.2 Ability to find the legal provisions and contracts suitable for a certain situation regarding different economic actors of the sector.
2.3 Once acquired the knowledge of the legal institution, be able to determine which one finds application to solve conflicts or regulate a certain human relationship (both economic and personal).

3. Judgment
3.1 Being able to interpret legal provisions.
3.2 Being able to identify, distinguish, relate different principles and legal provisions belonging to different sources of the multilevel system.
3.3 Facing a hypothetical conflict of private relationship, finding the provisions or the institutions to solve or manage the situation.

None prerequisite it is necessary

• Sources of law. Tourism governance.
• Professional profiles in tourism.
• Touristic use of the State Property Sea.
• The contract
• Representation, Proxy, Agency Agreement
• Reservations.
• The so-called “contratti di ospitalità”.
• The hotel manager liability.
• Catering contracts.
• Rental agreements for tourism purposes.
• Timeshare
• Contracts for tourism packages
• Transports and tourism
• Distribution and advertisement of Tourism Systems
• Tourism and civil liability
• Tourists and enforcement of rights

Santagata, Diritto del turismo, Utet, (last edition)

Written and oral examination.
The course is divided in two parts. 6 ECTS for each part. The final mark will be the result of the average of the marks obtained in each part of the course.
At the end of the first part of the course, there will be the opportunity to take a written exam for students who have attended regularly the most part of the lectures. The attendance to the lectures will be assessed by written signatures which will be collected. The written exam consists in three or more open questions regarding the subjects of the first part of the course.
If the student accepts the mark obtained in the written exam, the second part of the exam will be taken during the ordinary exam session, at the end of the Course. Thus, it will be possible to register the final mark only after taking and passing each part of the exam.
Apart from the intermediate examination, the exam will be oral, and the student will have the possibility to take each part with the professor of each part of the course, also in different exam sessions.

The Course is mainly structured in several frontal lessons. In addition, some extra-lessons will be structured in a seminar form focusing on topics of particular interest and complexity.

Italian

Further information will be available on the e-learning platform (Moodle) 
https://moodle.unive.it/course/view.php?id=844
Additional materials (e.g. summaries, further readings, tests) will be made available online to the students.

written and oral