Responsibility of the tour operator for the lack of use of the tourist services offered
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Calogero Leanza
Publishing Year 2019 Issue 2019/25-26
Language Italian Pages 46 P. 186-231 File size 257 KB
DOI 10.3280/DT2019-025009
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With the judgments in the comment the judges of merit have faced the theme of the compensation of the damage from "ruined vacation" and of the responsibility of the tour operator in the sale of an "all inclusive" travel package. The cause of the travel contract is precisely the 2tourist-holiday" purpose and essential are all those services, activities and services that are instrumental in achieving it. Both decisions affirmed the principle that not every discomfort suffered by the tourist legitimizes the claim for compensation, but only those that exceed a minimum threshold of tolerance. All this translates into a balancing operation entrusted to the prudent appreciation of the judge, which attaches importance only to those conducted that significantly offend the effective scope of the same
Calogero Leanza, Responsabilità dell’organizzatore di viaggio per la mancata fruizione dei servizi turistici offerti in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 25-26/2019, pp 186-231, DOI: 10.3280/DT2019-025009