6015 - TOURISM SECTOR LAW

Subject type: Mandatory

Coordinator: Judith Turrión Prats

Trimester: Second term

Credits: 6

• Catalan

Materials in English may be used and there may be some sessions in that language.

The main objectives of this subject are:
1. To obtain a basic knowledge of the Spanish legal framework related to tourism, particularly with regard to tourism activities and subjects.
2. Examine and analyze the state, regional (mainly Catalan), European Union and international regulations that affect tourism, especially from the perspective of private law.
3. Study the main contracts used in the field of tourism.
4. Find the applicable rule based on a factual assumption and interpret it.

The classroom (physical or virtual) is a safe space, free of sexist, racist, homophobic, transphobic and discriminatory attitudes, either towards students or teachers. We trust that together we can create a safe space where we can make mistakes and learn without having to suffer the prejudices of others.

• Identify and apply the general principles and regulations of tourism law.
• Know and apply the main political and administrative structures that regulate tourist activity.

The sessions are divided into lectures where the teacher will explain the key concepts and elements of each topic and offer examples in order to understand them. You can participate and activate the debate. They will be completed in face-to-face sessions in small groups where practical exercises will be solved. It is planned to carry out activities with guests

If all the online classes had to be done the structure would be the same: master classes and practical classes. Practical classes but work material will be provided before to discuss it in the zoom session in small work groups and start and end of global sharing

Personal study is a relevant part of this subject. For this reason, students are suggested to study all those items that have been explained in class, as well as the assigned readings and supplementary materials. Also, it is important to keep in mind that the Moodle platform will be used as an interactive and educational tool in order to improve the teaching-learning process.

On the other hand, individual work and study are required, although group work is a significant aspect of this subject 

The students they must use the legal texts in force both for the study and for the preparation of the practical activities.

Teaching methodologies: MD1, MD3, MD6, MD7 and MD9

1. Introduction to Tourism Law

1.1.The Law of Tourism: Its historical evolution. Public Law and Private Law. The publication of legal-private relations of a tourist nature.

1.2.Competences of the Autonomous Communities in matters of tourism.

1.3 The regulatory areas of tourism: state, regional and local

1.4. The importance of European Union law and international treaties

1.5.Public administrations competent in matters of tourism

1. The tourist municipalities
2. Tourist resources
3. The inspection and sanctioning capacity of the tourist administrations

2.- The tourist subjects

1. The tourist

1. The tourist or qualified consumer  
2. Tourists outside the borders of their country of residence
3. Consumer and tourism services across borders and online

            2.2 The tourist entrepreneur and his activities:

1. Accommodation activities
2. Intermediation activities
3. Restoration and recreational activities
4. Tourist information activities
5. Other tourist activities 

 3. Tourism contracts

3.1.Definition, elements and characteristics

1. The general conditions of the contract and abusive clauses
2. Execution of the contract. Non-compliance and legal consequences
3. Contractual and non-contractual liability
4. Modification and assignment of the contract
5. Termination of the contract

3.2 .Classification of tourist contracts

 4. Accommodation-related contracts (I)
3.1.The accommodation contract

1. Definition and characteristics of the contract
2. Legal nature and applicable legal regime
3. Subjects and object. The establishment of tourist accommodation
4. Advertising and pre-contractual information

3.2 Rights and obligations of the parties

1. The responsibility of the employer for the luggage and belongings of the tourist
2. Facility safety, food safety and civil liability

5. The seasonal lease
5.1.Concept and differences with respect to the accommodation contract and other related ones. Applicable regulation
5.2.The case of housing for tourist use

a) Definition and characteristics of housing

b) Rights and obligations of the parties

5.3 The collaborative economy and apartments for tourist use

a) regulations

b) Jurisprudence and cases

6. Accommodation-related contracts (II)

6.1.The accommodation reservation contract

a) The individual and group reservation

1. Reservation management
2. Reservation request
3. The reservation as a contract
4. Pay and signal
5. User withdrawal
6. Waiver of stay
7. Reservation maintenance

b) The contract for reserving places on a quota basis

1. Concept and characteristics
2. Legal nature and applicable legal regime
   Subjects and object
3. Obligations of the parties
4. Liability regime for breach of contract
5. Responsibilities related to the subsequent accommodation contract

6.2.The hotel management contract

1. Concept and characteristics
2. Legal nature and applicable legal regime
3. Subjects, object and duration
4. Rights and obligations of the parties in the pre-opening phase
5. Rights and obligations of the parties after the opening
   Termination of the contract and liability for non-compliance

6.3.The hotel franchise agreement

1. Concept and characteristics
2. Legal nature and applicable legal regime
3. Subjects, object and duration
4. Rights and obligations of the parties
5. Termination of the contract

6.4.The industrial lease and the real estate lease
a). Property lease:

1. definition;
2. characteristics;
3. legal regime

b) Industry lease:

1. concept and delimitation with respect to the property lease
2. legal nature and legal regime

7. Restoration contracts

1. Concept of tourist catering and classes of catering establishments
2. Hospitality contract
3. Banquet contract
4. Catering contracts

The training activities are related to theoretical sessions (AF1), group work (AF3), individual work (AF4) and personal study (AF5).

1. General rules on the evaluation of the subject

The grade of the subject will be determined as follows:

• Exam at the end of the second term: 50% 
• Practices to be carried out during the quarters 50% according to the following detail
  • Summary test of what has been learned online at the end of each topic. Individual activity. (20%)
  • Answer of practical cases to realize in the face-to-face classes. The delivery of the work will be online. Activity to be done in groups (15%). On the last day of class the group will have to make a small presentation that will follow the script provided by the teacher and that will suppose a summary of all the fact during the term (5%)
  • External activities (participation in external guest conferences and answering questionnaires) Individual activity 10%
    • During the term there will be two activities with guest teachers or outside the classroom if the COVID-19 allows it on the following subjects (at the end of each session the students will have to present a summary work of the same and will value the assistance to the same in a point on the global note of the activity)
      • a) Mediation and alternative conflict management
      • b) Management of tourist activities

To pass the subject you must reach 5 between the sum of the exam grade and the practice grade. In order for the sum of the two parts to proceed, it will be necessary to reach a 4 in the exam and a 4 in the practicals.

On the other hand, if a student fails the subject, in the following academic year he should take it again in its entirety. This means that notes of any kind from one course will not be saved for subsequent courses.

Assessment systems: SE2, SE3 and SE4.

2. About the resit exam

If a student fails the subject, they will have the opportunity to take the make-up exam in order to pass it during the extraordinary exam period, bearing in mind that this means that it is only retrievable or repeatable l examination

With regard to the other 50% of practical work, it will not be recoverable and the grade will be retained to calculate the average grade.

Only students with a failing grade may take the make-up exam. This means that students who obtain a grade of "not presented" will not enjoy this right. It will be graded with a "not presented" when the student has not taken the related exam.

Franch Fluxá, Juan (Director), Tourism contracting manual, Barcelona, ​​Atelier, 2015.

BARBA DE VEGA, José and CALZADA CONDE, M.ª Ángeles., Introduction to Private Tourism Law, Cizur Menor, Aranzadi, 2015.

VILASAU SOLANA, MÓNICA (Coord.), Tourist activities law, Barcelona, ​​UOC, 2014.

RODRIGO BERCOVITZ RODRÍGUEZ-CANO (Dir.), Treaty of Contracts, Vols. I to V, Valencia, Tirant lo Blanch, 2013.

RAMALLO MIÑÁN, ELENA DEL PILAR, Basic Manual of Tourist Law, Madrid, Tecnos, 2013.