380050 - TOURISM SECTOR LAW

Subject type: Mandatory

Coordinator: Judith Turrión Prats

Trimester: Third term

Credits: 6

Academic year: 2025

Teaching course: 3

• Catalan

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 tourist 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 that are used in the tourism field. 4. Find the applicable rule based on a factual assumption and interpret it. The sessions are divided into master sessions where the teacher will explain the concepts and key 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 bear in mind that the Moodle platform will be used as an interactive and educational tool in order to improve the teaching-learning process. Students will have to 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. Tourist municipalities 2. Tourist resources

3. The inspection and sanctioning capacity of tourist administrations

2.- Tourist subjects 1. The tourist 1. The qualified tourist or consumer 2. Tourists outside the borders of their country of residence

3. The consumer and tourist services outside borders and online 2.2 The tourist entrepreneur and his activities: 1. Accommodation activities 2. Intermediation activities 3. Restaurant and recreational activities 4. Tourist information activities 5. Other tourist activities 3. Tourist 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 extra-contractual liability 4. Modification and assignment of the contract 5. Extinction 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, reservation of accommodation, contingent reservation Hotel management and similar (franchise, lease) 4.3 Other contracts related to tourist accommodation (or profit by shifts, leases of season...) 5. Intermediation companies 5.2 Travel agencies 5.3 Other intermediation companies 5,.4 Intermediation companies in accommodation 5.5 Contracts (intermediation, combined/linked travel, Insurance) 6. Related activities 6.1 Transport 6.2 Catering

1. General rules on the evaluation of the subject The grade for the subject will be determined as follows:

Exam at the end of the second term: 50%

Internships to be carried out during the 50% trimesters according to the following details:

• Lesson summary test to be done online at the end of each subject. Individual activity. (20%)
• Answering practical cases to be done in face-to-face classes. The work will be submitted online. Activity to be done in groups (20%).
• External activities inside or outside the classroom (participation in conferences by external guests and answering questionnaires, role-playing games, etc.) Individual or group activity depending on the activity (10%).

Attendance may be mandatory.

To pass the subject, the sum of the exam grade and the practical grade must reach 5. In order to proceed with the sum of the two parts, a 4 must be achieved in the exam and a 4 in the practical. On the other hand, if a student fails the subject, they will have to take it again in its entirety in the following academic year. This means that no grades of any kind from a course will be saved for the following courses. Evaluation systems: SE2, SE3 and SE4.

2. About the retake exam. If a student fails the subject, they will have the opportunity to take the retake exam in order to pass it during the extraordinary exam period, taking into account that this means that only the exam can be retaken or repeated. Regarding the other 50% of practical work, it will not be retaken and the grade for it will be kept to calculate the average grade. Only students with a failing grade will be able to take the retake exam. This means that students who obtain a grade of “not presented” will not enjoy this right. They will be graded with a “not presented” when the student has not taken the related exam.

Any form of academic fraud will be sanctioned in accordance with the center's assessment regulations. If signs of fraud are detected, including the improper use of generative artificial intelligence tools, the subject's teaching staff may call the student for an individual interview with the aim of verifying their authorship.