Turisver.com begins today the pre-publication of the book in English about the New Package Travel Directive (Directive 2015/2302 /EU), published jointly by Estoril Higher Institute for Tourism and Hotel Studies (ESHTE) and the INATEL foundation, bringing together in about 600 pages contributions from leading experts from Europe and other countries.
The first author is the renowned Italian Professor Vincenzo Franceschelli, co-author of the iconic Manuale di diritto del turismo, with successive editions, a reference in Tourism Law.
The purpose of this study is to identify the notion of tourism contract in the frame of the EU Directives and of the expansive force of Tourism Law. The study compares the CCV, the 1990 Directive and the UE 2015/2302 Directive notion of contract, in order to define the causa of a tourist contract. The causa is identified in the causa turismi, or touristic purposes. A tourist is a consumer who, buying a tourist package, desires something more than the mere sum of the typical causa that characterizes a mixed contract (the possible combination of transport, accommodation, services or rent). The study asserts that in the last decades, tourism contracts and tourism travel contracts have assumed specific features. Originating from a mere mixed contract, tourism travel contracts have undertaken new connotations. The “causa” of a mixed contract has assumed elements that exceeded the simple sum of the causa of the two contracts that characterizes a mixed contract. This new element may be defined as “touristic purpose”, or, as suggested,“causa turismi”.
Furthermore, the study examines the problem whether the 2015 Directive is also applicable to business travel. After having considered that all tourists are travelers, but not all travelers are tourists, the essay concludes that the aspiration of the 2015 Directive to extend some of the tourist protections to other category of travelers is a sign of the expansive force of Tourism Law. The essay examines the connection of the notion of “causa” with the meaning and definition of “consideration” with reference to tourism contracts. Using a pragmatic approach, the study concludes that causa and consideration are comparable, if referred to tourism contracts.