B2C CONTRACTS II Sara Landini

Hospitality industry The hospitality industry is part of the service industry and includes hotel, resorts, bed and breakfasts, camping, restaurant, cruise lines, airlines, other forms of travel, event planning etc.

Hospitality industry Hotels represent the main source of income and hotel accommodation contracts could be considered the standard form of hospitality industry contracts. Norms regulating hotel- keepers liability are generally applicable also to other forms of hospitality industry (Agritourisms, Restaurants, etc.).

Hotel hospitality The hotelkeeper is compelled to rent the empty rooms of his hotel to any customer, to allocate and to provide all comforts advertised by the hotel (e.g. swimming pool, sports, night club, etc). The hotelkeeper can deny the rental, if the customer: a) is sick; b) is intoxicated c) is dirty d) could be dangerous for other guests of the hotel. On the other part the customer is bound: a) to accept the room that was booked by himself or with his command via a third person, unless this is not in accordance with his order; b) to maintain the room up to the end of the period that was agreed, otherwise he is compelled to provide compensation to the hotelkeeper; c) to pay the price.

Hotel hospitality The consumer makes a specific and unconditional offer (providing dates in/out, rates, hotel, type of bedroom) to stay and to pay. The hotel keeper is compelled to provide a written answer, that he accepts or declines the room request and in an affirmative case, is entitled to ask for a percentage of the price. The reservation request is considered valid with the receipt of a deposit that was determined as above or with the written acceptance of reservation by the hotelkeeper.

Hotel hospitality Special provisions are contained in the convention on the liability of hotelkeepers concerning the property of their guests signed in Paris, on December 17, The liability shall be generally limited. The liability of a hotelkeeper shall be unlimited: where the property has been deposited with him; where he has refused to receive property which he is bound to receive for safe custody.

Allotment Allotments are used to designate a certain block of pre- negotiated hotel rooms (but also carrier seats) that have been bought out and held by a travel agency or a travel organizer, tour operator. There are two kinds of allotment: allotment contracts with the right of unilateral withdrawal from the contract (the real allotment contract), allotment contract with the guarantee charge (the allotment contract ''full for empty'').

Hospitality industry Agriturism: any agricultural-based operation or activity that brings visitors to a farm or a ranch and sometimes refers specifically to farm stay. Agritourisms development could be considered as part of European policy on sustainable rural development as detailed in the European regulation 1257/1999 which establishes the framework for Community support for sustainable rural development.

Hospitality industry B&B Usually bed and breakfasts are private homes with fewer than 10 bedrooms available for commercial use. The hospitality industry has been strongly innovated by new form of tourism such as medical tourism and sport tourism.

Hospitality industry- Food Service Restaurant Catering: A catering contract is an agreement between a hiring party and a company offering catering services. Banqueting: A banqueting contract includes the activity of food and drink preparation in the organization of a banquet.

Hospitality industry Event planning contract is an agreement between an event planner and a client for the planning, organization, and management of an event.

Tourist apartment rental Tourist rental contracts allow the renter (lessee) the availability of the structure, with the agreement of the owner (lessor) for a certain period

Timeshare ‘Timeshare contract’ means a contract lasting more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation for more than one period of occupation.

Timeshare In European countries timeshares are regulated according to the last directive 2008/122/EC of the European parliament and of the council of January 14, 2009 on the protection of consumers in respect of certain aspects of timeshares, long-term holiday products, resale and exchange contracts.

Timeshare A ‘long-term holiday product contract’ is an agreement lasting more than one year under which a consumer, for consideration, acquires primarily the right to obtain discounts or other benefits in respect of accommodation, alone or together with travel or other services.

Home Exchange for Tourism and the collaborative consumption movement The term home exchange refers to the swapping of homes on a temporary or more permanent basis. With regard to B2C contracts we can consider some international associations having the purpose of home swapping.

Transport A transportation contract is an agreement between a Carrier and a Passenger, who is any person transported based on a voyage ticket issued by the carrier and/or agencies authorised thereto. The object of the agreement is the provision of transport. The carrier undertakes to transport the passenger and/or luggage, vehicles etc. under the general conditions, which the Passenger undertakes to examine and observe in their entirety prior to the purchase and/or booking of the voyage ticket. T The formation of this contract is usually composed by booking and definitive contract.

Transport At EU level: Regulation 889/2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents. Regulation 261/2004 of the European Parliament and of the Council of February 11, 2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, repealing Regulation (EEC) No 295/91. Regulation no 1371/2007 of the European parliament and of the council of 23 October 2007 on rail passengers rights and obligations.

Transport At international level Convention for the Unification of Certain Rules Relating to International Carriage by Air was agreed in Montreal on May 28, 1999 Convention concerning International Carriage by Rail (COTIF) signed in Bern on May 9, 1980 and amended by the Protocol for the modification of the Convention concerning International Carriage by Rail of June 3, 1999 (the so called Vilnius Protocol).

Inclusive Tour The “inclusive tour” indicates a tourism product consisting of transport from the generating area to the destination, accommodation at destination and other possible recreational or business tourist services. All these products are purchased by a firm called “tour operator” which combine and sell them at a single price to tourists. Travel contracts are regulated by norms prevailing in the respective country where travel services are affected. Special rules are contained in the International Convention relating to the contract of travel (CCV) signed in Brussels on April 23, 1970.

CCV According to the international convention on contract of travel signed in Brussels on April 23, 1970, travel contract " means either an organized travel contract or an intermediary travel contract: an "Organized Travel Contract" is any contract whereby a person undertakes in his own name to provide for another, for an inclusive price, a combination of services comprising transportation, accommodation separate from the transportation or any other service relating thereto; an "Intermediary Travel Contract" is any contract whereby a person undertakes to provide for another, for a price, either an organized travel contract or one or more separate services rendering possible a journey or sojourn. "Interline" or other similar operations between carriers shall not be considered as intermediary travel contracts.

CCV CCV provides: Obligations of travel organizers and travel intermediaries Information to purchaser Right of cancellation Right of damage compensation

Travel package On July 9, 2013 the Commission proposed a reform of the Travel Packages Directive 90/314 to bring it up to date with the developments in the travel market.

Damages for ruined holiday Holiday claims and damages for “ruined holiday” (mental distress and disappointment) have long been accepted on the basis that the whole purpose of a holiday contract is to provide entertainment and enjoyment. Two famous cases C- 168/00 Simone Leitner v. TUI Deutschland GmbH & Co. KG. Milner v. Carnival Plc (Milner v Carnival Plc [2010] 3 All ER 701).