300423 - TOURISM SECTOR LAW

Subject type: Mandatory

Coordinator: Judith Turrión Prats

Trimester: Second term

Credits: 6

Academic year: 2024

Teaching course: 4

• 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 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

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.

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

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.

GENERAL PART

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

SPECIAL PART

4. Tourist accommodation

4.1 Administrative rules for classification and concepts decree 75/2020

4.2 Contracts: accommodation, accommodation reservation, contingent reservation Hotel management and similar (franchise, lease)

4.3 Other contracts related to tourist accommodation (or profit by shifts, seasonal leases...)

5. Brokerage companies

5.2 Travel agencies

5.3 Other brokerage companies

5,.4 Intermediation companies in accommodation

5.5 Contracts (brokerage, combined/linked travel, Insurance)

6. Related activities

6.1 Transportation

6.2 Restoration

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%)
  • Answers to practical cases to be carried out in face-to-face classes. The release of the work will be online. Activity to be done by groups (20%).  
  • External activities inside or outside the classroom (participation in lectures by external guests and answering questionnaires, role-playing games, etc.) Individual or group activity depending on the activity (10%). Attendance may be mandatory.
    • On the following subjects
      • 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.

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

Franch Fluxá, Juan (Director), Tourism contracting manual, Barcelona, ​​Atelier, 2019

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

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

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