TOURISM LAW

Single discipline educational activity

Course Sheet

Academic Year of enrolment:

2021/2022

Type of Course:

Characterising

Optional/Mandatory:

Compulsory

Degree:

Bachelor's Degree Programme in TOURISM ECONOMICS AND TOURISM MANAGEMENT

Location:

OLBIA

Disciplinary Sector:

Navigation Law

Language:

Italian

Credits:

Programme Year:

Professor and Collaborators:

BENELLI Gianfranco

MORANDI Francesco

Hours of classroom activity:

Prerequisites:

Private law course.

AF code:

40000494

Assessment Methods

Verification of learning:

For attending students, the assessment of learning takes place according to two alternative methods, aimed at evaluating the theoretical knowledge and the ability to apply skills on the topics of the whole program. Mode 1 - Examination divided into two intermediate learning checks, carried out during the course, in the form of open-ended questions, referring to different parts of the program indicated in class. Each of the checks is assigned a score in thirtieths, which averages the formation of the final vote. The examination is completed by an oral exam, to be held after the end of the lessons in one of the sessions of the year of the course, composed of a question, which concerns the remaining part of the program. Students with an assessment inferior to 18/30 in one or more written tests, or who do not intend to use the partial mark for the purpose of calculating the final grade, will be required to take the oral exam on the topics related to the failed exam. Mode 2 - Complete oral exam, as indicated for non-attending students.
For non-attending students the assessment of learning takes place through an oral exam, which covers the whole program. The exam consists of three questions, which focus on different parts of the program, each of which is assigned a score of 10/30. The exam is considered passed by the student who reports a rating of not less than 6/10 in each of the questions, while the final evaluation is obtained through the sum of the partial votes reported.
Oral exam modality: traditional and remote.

Teaching period

Second trimester

Objectives

The course aims to allow the knowledge of the principles and institutions of tourism law, the ability to interpret the fundamental rules governing the subject and to apply the main tools of tourism activities regulation.
At the end of the course the student will have acquired (expected results):
- knowledge and understanding: the student will acquire good knowledge and understanding of the fundamental principles and institutional aspects of tourism law, legislative competences and administrative functions of regional, national and European entities and organizations, rules of transport infrastructures management, regulation of tourist activities (accommodation facilities, travel agencies, farm holidays, thermal tourism) and tourism professions, contractual and liability profiles (with specific reference to the booking of tourist services, transport, accommodation and deposit in hotel, leases, package travel, timeshare, employment), protection of tourist rights;
- ability to apply knowledge and understanding: the student will be able to explain the socio-economic reasons that guide the choices of the legislator, the behaviour of operators and tourists, the decisions of the national and European jurisprudence; will also be able to apply the theoretical concepts relating to public organization and to the institutional aspects of tourism, to interpret and apply the rules relating to tourism activities, both entrepreneurial and professional, to interpret and apply the main tourism contracts, making full use of the margins reserved for private autonomy;
- autonomy of judgment: the student will develop a capacity of orientation between the regulatory sources and the management of contractual solutions, and autonomy of judgment in interpreting and applying the main legal principles and the legal repercussions of administrative, economic and social phenomena related to tourism; it will also develop the ability to identify, interpret and manage autonomously the different legal aspects of the tourism phenomenon and the legal implications of tourism activities, in their various public and private components;
- communication skills: although teaching does not include specific activities aimed at developing communication skills, except those implicit in learning skills, the student will be able to use technical language in describing, interpreting, evaluating and applying the fundamental principles and essential concepts of tourism law;
- learning skills: teaching provides the basis for the learning of tourism law, through a process of deepening the knowledge of the essential principles and fundamental institutes, in its theoretical aspects and in the practical implications, guaranteeing the necessary tools for the understanding, interpretation and application of the legal rules, as well as the access to the following levels of training, participate in a public competitions and play a role in private companies.

Contents

The course focuses on the principles and institutional aspects, regulatory and administrative competences, infrastructure management and professions, contractual and business profiles, paying particular attention to the rights of tourists and the regulation of economic activities in Europe, also taking into account the new scenario resulting from the Covid-19 pandemic and the international geopolitical dynamics.
In particular, the course is divided in three. Part one, tourism and principles: regulatory competences and sources; administrative competences; private autonomy. Second part, tourism and administration: promotion, information and tourist reception; transport infrastructures and the maritime domain for tourism and recreation purposes; the accommodation facilities; travel and tourism agencies; tourist professions; agritourism and thermal tourism. Third part, tourism and forms of private autonomy: booking; air, maritime and transport contracts (transportation and related contracts, nautical pleasure contracts); hospitality contracts (hotel contract and hotel deposit); tourist locations; package travel; the timeshare; the employment contract; the protection of tourist rights.
Specific attention is reserved to the deepening of the knowledge of the laws and regulations of Sardinia Region.

Recommended Bibliography

V. FRANCESCHELLI - F. MORANDI, Manuale di diritto del turismo, VIII ed., Giappichelli, Torino, 2022.
Additional material and regional laws will be available on www.uniolbia.it.
It is however essential to consult the last edition of the Handbook (2022), the Italian Tourism Code and the regional, national and European laws.

Methods of Provision

Conventional

Teaching Methods

The course proceeds through lessons, aimed at providing basic knowledge, in-depth seminars, aimed at strengthening the knowledge of the issues dealt, and practical exercises, aimed at increasing the ability to understand legal problems, to apply the concepts learned, to develop autonomy judgment and communication skills. During the lessons, seminars and exercises will be in-depth, among other things, the knowledge of the main public organizational systems (regional and national, European and international), the general conditions of contract and the main jurisprudential orientations. The material distributed in class will be made available on the platform www.uniolbia.it.

Contacts/More Information

The Professor is available to provide tutoring service and to offer additional explanations, also in English or in French.
Further information and supplementary teaching material are available on the Department website.
Foreigners students can take the exam in English or in French.
The Professor can be contacted at the following email address: morandi@uniss.it.

TOURISM LAW

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Course year: 2

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