Tourism Law in Europe

Tourism Law in Europe Estoril | Salamanca | Paris | Sassari | Milan 2022


© Carlos Torres, F. Javier Melgosa Arcos, Laurence Jégouzo, Vincenzo Franceschelli, Francesco Morandi, Nada Dollani, Xhon Skënderi, Armela Maxhelaku, Michael Wukoschitz, Olivier Dugardyn, Carla Ghislain, Tatjana Josipović, Klára Dvořáková, Marie Jull Sørensen, Kim Østergaard, Mikko Laakso, Giorgi Amiranashvili, Evanthia Kardoulia, Dimitris Mylonopoulos, Andras Salamon, Chiara Tincani, Sara d’Urso, Marina Gunare, Alona Rogale-Homika, Jolanta Vilkevičiūtė, Ieva NavickaitėSakalauskienė, Danguolė Bublienė, Jacqueline Tanti-Dougall, Snežana Miladinović Drobnič, Milana Tomić, Nick de Leeuw, Judith Tersteeg, Peter Vos, Sverre Mcseveny-Åril, Piotr Cybula, Ilie Dumitru, Andrej Mićović, Monika Jurčová, Matija Damjan, Karmen Lutman, Felio José Bauzá Martorell, Inmaculada González Cabrera, Silvia Feliu, Humberto Gosálbez, Jonas Thyberg, Stephen Mason, Sarah Prager. ISBN: 978-989-9066-06-9 All Rights Reserved. No part of this book may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the publisher. A written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. This work is published for general guidance only and is not intended as a substitute for professional advice. While every precaution has been taken in the preparation of the text, the publishers and authors can accept no responsibility for the consequences of any errors, however caused. This edition was published in 2022 by ESHTE, alongside other universities and institutions. ESHTE – Estoril Higher Institute for Tourism and Hotel Studies Av. Condes de Barcelona, n.º 808 2769‑510 Estoril Portugal English review: Gonçalo Vagos Diniz Structural revision: Tomás Torres Typeset by ESHTE Printed by VASP Dep. legal n.º 490139/21

Contents Nada Dollani, Xhon Skënderi and Armela Maxhelaku Introduction to Albanian Tourism Law 29 1. Introduction; 2. Overview of Tourism Sector in Albania from an Economical Perspective; 3. Tourism Products in Albania; 4. Legal Framework in the Tourism Sector; 4.1. Law no. 93/2015 “On Tourism”; 4.1.1. The responsible State entities in the field of tourism; 4.2. Law no. 55/2015 “On Strategic Investments”; 4.2.1. Other financial and support for investments in priority areas for tourism development; 4.3. Law no. 9902/2008 on Consumer Protection; 4.3.1. Travel Package contracts; 4.3.2. Timeshare contracts; 4.4. Strategy of Sustainable Tourism Development in Albania 2019-2023; 5. Concluding Remarks; 6. References. Michael Wukoschitz Tourism Law in Austria 53 1. Introduction; 2. Regulatory Provisions; 2.1. Trade Regulations; 2.1.1. Tourist guide trade; 2.1.2. Hospitality trade; 2.1.3. Travel agency business; 2.1.4. Other tourism related trades; 2.2. Tourism Laws of the Federal Provinces; 3. Package Travel;

10 TOURISM LAW IN EUROPE 3.1. Excursus: Contractual Limitation of the Organiser’s Liability – Legislative Confusion in Austria; 4. Insolvency Protection; 5. Accommodation; 6. Timesharing. Olivier Dugardyn and Carla Ghislain 67 Tourism in Belgium 1. Introduction; 2. Some Numbers concerning Tourism in Belgium; 3. Legal Framework; 3.1. Background; 3.2. Definitions; 3.2.1. Package Travel; 3.2.2. Linked Travel Arrangement; 3.2.3. Retailer; 3.2.4. Organiser; 3.3. The Dual Mandate of the Retailer Theory; 3.4. Obligations of the Retailer; 3.5. Obligations of the Organiser; 3.6 Peculiarities and Inconsistencies of the Belgian Law; 4. Travel Agencies; 5. The COVID-19 Crisis and Government Decisions; 5.1. Ministerial Ruling of 19 March 2020; 5.2. This Decision’s Reasons; 5.3. The “Corona Voucher Bank”; 6. The Impact of COVID-19 Crisis on the Hotel Sector; 6.1. Notion of Force Majeure; 6.2. COVID-19 and Force Majeure; 6.3. Temporary or Definitive Force Majeure?; 6.4. Force Majeure and Contracts; 7. Conclusion. Tatjana Josipović Tourism Law in Croatia 93 1. The Importance of Tourism for Croatian Economy; 2. Legal Sources of Tourism Law; 3. Regulation of the Provision of Tourism Services;

CONTENTS 11 4. Recognition of Foreign Professional Qualifications in the Field of Tourism; 5. Conclusion. Klára Dvořáková General Overview of Travel Law in the Czech Republic 113 I. Introduction; II. Public Law Regulation of Tourism; II.1. Travel Agency; II.2. Travel Services Intermediary; II.3. Tour Guide; II.4. Mountain Leader and Mountain Guide; II.5. Provider and Organiser of Physical Training and Sports Services; II.7. Accommodation Services Provider; II.8. Catering Provider; II.9. Spas; II.10. Airbnb in the Czech Republic; III. Private Law Regulation of Tourism; III.1. Package Travel Contract; III.2. Accommodation Contract; III.3. Contract for the Carriage of a Person; III.4. Mandate, Brokering and Business Agency; IV. Conclusion. Marie Jull Sørensen and Kim Østergaard Tourism in Denmark 127 1. Introduction; 2. Institutional organisation; 3. Accommodation; 3.1. Professional accommodation; 3.2. Private accommodation; 3.2.1. Summerhouses; 3.2.2. Permanent residence; 4. Transportation; 4.1. Taxi; 4.2. Car rental; 4.3. Car-pooling; 5. Intermediaries;

12 TOURISM LAW IN EUROPE 5.1. Organisers – legal concept; 5.2. Retailers – legal concept; 5.2.1. Who is party to the contract?; 5.2.2. Is the retailer never party to the contract?; 5.3. The Danish Intermediary Rule; 5.3.1. Active part; 5.3.2. The legal consequences. Mikko Laakso Tourism Law in Finland 147 1. Introduction; 1.1. Tourism and Finland; 1.2. Tourism law as a subject and the national institutions; 2. Accommodation and Restaurants; 2.1. Professional accommodation; 2.2. Private persons; 2.3. Eating and drinking; 3. Transportation; 3.1. Air; 3.2. Land; 3.3. Waterways; 4. Tour Operators and Travel Agencies. Laurence Jégouzo Tourism Law in France 157 1. The State and Tourism; 1.1. Minister of Tourism; 1.2. General Competiveness Authority (DGE); 2. Local and Regional Authorities and Tourism; 2.1. Regional Institutions and Tourism; 2.2. Departmental Tourism Institutions; 2.3. Missions of Tourist Offices and Tourist Information Centers; 3. Registration of a Tourist Agency or a Tour Operator; 3.1. The Different Categories of Tourism Operators; 3.2. Registration at the Register of Tour and Holiday Operators; 4. Classification of French Tourist Accommodation; 4.1. Main Lines of the Reform;

CONTENTS 13 4.2. Reorganisation of the Classification Procedure Applicable to Every Tourist Accommodation; 4.3. Creation of the “Palace” Distinction. Giorgi Amiranashvili Tourism Law in Georgia 209 1. Introduction; 2. Tourism Institutional Organisation in Georgia; 2.1. The Sources of Georgian Tourism Law; 2.1.1. Importance of International Acts for Georgian Tourism; 2.1.2. Public Law Regulations; Tourism and Resort Legislation; Quality and Safety Regulations; Tax Regulations; Statistics Accounting and Other Regulations; 2.1.3. Civil Law Regulations of Tourism; 3. National Organisations of Tourism; 4. Present Challenges and the Future of Tourism; 4.1. Overview of Current Challenges; 4.2. State Response to Challenges; 5. Some Legislative Initiatives during COVID-19; 6. Recommendations for Tourism Development; 6.1. Support for Tourism Value Chain Enterprises in Adopting New Safety Guidelines; 6.2. Communication Strategy on New Rules and Guidelines for the Tourism Value Chain; 7. Concluding Remarks; 8. Bibliography. Dimitris Mylonopoulos Tourism Law in Greece 233 1. Introduction; 2. The Institutional Framework of Tourism; 3. Main Areas of Tourist Activity; 4. Types of Accommodation; 5. Main Administrative Bodies; 5.1. Ministry of Tourism;

14 TOURISM LAW IN EUROPE 5.2. Ministry of Maritime Affairs and Island Policy; 5.3. Ministry of Rural Development and Food; 5.4. Ministry of Health; 6. Conclusion; References. Evanthia Kardoulia Public and Private Tourism Law in Greece 243 I. Introduction: The Legal Framework of Tourism in Greece; II. The Non-Existence of a Greek Tourism Code; III. Public Tourism Law; IV. Tourism Institutional Organisation; IV.1. Public Authorities Responsible for Tourism; IV.1.1. Ministry of Tourism; IV.1.2. Greek National Tourism Organisation; IV.1.3. Hellenic Chamber of Hotels; IV.1.4. Hellenic Public Properties Company S.A.; IV.2. Tourism and Local Communities; IV.2.1. Municipalities; IV.2.2. Regional Units; V. Accommodation; V.1. Tourist Accommodation Establishments; V.2. Primary Hotel Establishments; V.2.1. Hotels; V.2.2. Organised Tourist Camps With or Without Cabins; V.2.3. Youth Hostels; V.2.4. Tourist Resorts; V.2.5. Condo Hotels; V.3. Non-Primary Hotel Establishments; V.3.1. Self-Catering Accommodation: Furnished Villas-To-Rent; V.3.2. Self-Catering Accommodation: Furnished Residences-To-Rent; V.3.3. Furnished Rooms-to-rent and Residential Apartments; V.4. Tourist Accommodation Establishments Inside Traditional Buildings; VI. Private Tourism Law – Tourist Contracts; VI.1. Hotel Contract; VI.2. Hospitality Contract; VI.3. Time-Sharing Contract;

CONTENTS 15 VI.4. Package Travel Contract; VII. Conclusions. Andras Salamon The Insolvency Protection of the Voyager in Hungarian Law 269 I. Introduction; II. Regulation of financial security prior to 01 July 2018; III. Regulation of insolvency protection of Chapter V of Directive (EU) 2015/2302 in government decree 213/1996 of 23 December after 01 July 2018; III.1. The first pillar of insolvency protection: financial security; III.2. The second pillar of insolvency protection: compulsory insurance; IV. Travel services, packages travel and linked travel arrangements; IV.1. Introductory provisions, effect and concepts; IV.2. Common rules for travel service arrangements; IV.3. Special rules of contracts relating to package travel; IV.4. Concept of the package travel; IV.5. Pre-contractual information; IV.6. Amendment of the package travel contract; IV.7. Transfer and termination of the contract; IV.8. Liability; IV.9. Obligation to provide assistance; IV.10. Price reduction and compensation for damages; V. Linked travel arrangements; V.1. Miscellaneous provisions. Vincenzo Franceschelli and Francesco Morandi Introduction to Italian Tourism Law 305 1. Italian Tourism Law; 1.1. The Sources of Italian Tourism Law; 1.2. Tourism and the Italian Constitution; 2. The Ministry of Tourism and the Promotion of Italy’s Image Abroad; 3. The Competences of the Italian Regions; 4. Accommodation Facilities; 5. Holiday Farms; 6. Travel Agencies; 7. Professions in Tourism;

16 TOURISM LAW IN EUROPE 8. The Consumer Code; 9. The Tourism Code; 10. Hospitality and the Hotel Contract; 11. The New Tourist Package Contract; 12. Present Challenges and the Future of Tourism. Chiara Tincani The Italian Experience in Tourism Law 325 1. Public Intervention and the Regulation of Contracts in the Italian Legal System; 2. Access to the Market and the Case of Tour Guides; 3. The Seaside Maritime State Property and a Difficult Conciliation with the Community Legislation; 4. The Traditional Contractual Models in Italian law: The Tour Operator and the Intermediary; 5. The Tourism Code and Consumer Protection. Sara d’Urso Italian Hospitality and Albergo Diffuso 337 1. Italy’s Hospitality in Numbers; 2. The Origins and Evolution of Hospitality in Italy; 3. The Origins and Relevance of Albergo Diffuso; 4. The Discipline of Albergo Diffuso; 5. The Contractual Relationship between Hotelier and Customer; 6. Conclusions. Alona Rogale-Homika and Marina Gunare Latvian Tourism Policy and Tourism Law 357 1. Introduction; 2. Structure; 3. Latvia’s Tourism Development Policy; 4. Latvian Tourism Law; 5. Conclusion; Bibliography.

CONTENTS 17 Jolanta Vilkevičiūtė Lithuanian Law on Tourism 363 1. Introduction; 2. Tourism Institutional Organisation and Legal Regulation; 3. Accommodation Services and their Regulation; 4. Tour Operators, Tourism Agencies and Legal Regulation of their Activities; 5. Restaurants, Cafés and Legal Regulation of their Establishment; 6. Types of Tourism in Lithuania; 7. Legal Regulation of Guides’ Activities; References. Danguolė Bublienė and Ieva Navickaitė-Sakalauskienė Tourism Law in Europe: Lithuanian Perspective 389 1. Introduction; 2. The First Dimension of Tourism: Legal Regulation and Policy Formation of Tourism in Lithuania; 2.1. Legal regulation of tourism; 2.2. Tourism policy; 3. The Second Dimension of Tourism: Institutional Framework of Tourism in Lithuania; 4. The Third Dimension of Tourism: Tourism Services from the Service Providers’ and Tourists’ Perspective; 4.1. Tourist’s perspective; 4.2. Tourism services providers’ perspective; 5. Some Legislative Initiatives during COVID-19; 6. Conclusions. Jacqueline Tanti-Dougall Tourism Legislation in Malta 413 1. Introduction; 2. The Accommodation and Catering Sector; 3. Host Family Accommodation Regulations (Subsidiary Legislation 409.10); 4. The Hotelkeeper’s Liability; 5. Enforcement Provisions; 6. Final Remarks.

18 TOURISM LAW IN EUROPE Snežana Miladinović Drobnič Tourism Law of Montenegro 423 Preface; I. Introduction; II. Brief presentation of the beginning and development of tourism and tourism law in Montenegro; III. Origins of contemporary Tourism Law in Montenegro; IV. Structure of contemporary Tourism Law of Montenegro; IV.1. Statutory tourism law; IV.1.1. Tourism activities and entities performing tourism activities; IV.1.1.1. Tourism organisations for tourism promotion; IV.1.1.2. Entities performing tourism activities; IV.1.2. Hospitality activities and entities performing of hospitality activities; IV.1.3. Legal forms (types) of entities performing of tourism and hospitality activities; IV.1.4. Tourism development planning, tourism development incentives and areas for tourism development; IV.1.4.1. Tourism development incentives; IV.1.4.2. Tourism development zones and tourist sites; IV.1.5. Potential perspectives for tourism development in Montenegro; IV.1.5.1. Biodiversity and birdwatching; IV.1.4.2. Wine tourism; IV.2. Tourism substantive law (tourism and hospitality contracts); IV.2.1. Brief presentation of the most frequent tourism and hospitality contracts; V. Instead of conclusion. Milana Tomić Tourism Law in Montenegro 455 1. Introduction; 2. Tourism Policy-Making in Montenegro; 2.1. Influence of tourism on economy; 3. Sources of Tourism Law; 3.1. Sources of Tourism Law in EU; 3.2. Sources of Tourism Law in Montenegro; 4. Tourism Activity;

CONTENTS 19 5. Touristic Organisations; 5.1. The Central Tourist Register; 6. Contracts on Provision of Tourism Services; 6.1. Contracts that regulate relations between Travel Agency and users; 6.1.1. Travel Agencies; 6.1.2. Rights and duties of Travel Agency; 6.1.3. Rights and obligations of the Travel Agency - Travel Organiser; 6.1.4. Rights and obligations of Travel Agency Intermediary; 6.2. Contract on organisation of travel (Arranged Tour Contracts); 6.2.1. Obligations of the Travel Organiser; 6.2.2. Liabilities of the Travel Agency; 6.2.3. Obligations of the Traveller; 6.2.4. Particular rights and obligations of the contracting parties; 6.3. Intermediary contract of travel; 7. Hospitality (Contracts that regulate direct relations between provider of tourism services and guests); 7.1. Types of catering facilities; 7.2. Hotel Services Agreement; 7.3. Agreement on the accommodation in touristic apartments; 7.4. Camping Services Agreement; 7.5. Food and Beverage Agreement; 7.6. The Contract of engaging Catering Capacities (Contract of Allotment); 7.6.1. Duties of a Travel Agent; 7.6.2. Duties of the Caterer; 8. Other forms of tourism services; 8.1. Tourism services in swimming areas; 8.2. Tourism services in nautical tourism; 8.3. Tourism services that include sports and recreational adventurous activities; 8.4. Tourism services in health tourism; 8.5. Rent-a-car services; 8.6. Catering services in the household; 8.7. Catering services in the rural household; 8.8. Other tourism services; 9. Other contracts related to the Tourism Activity; 9.1. Timesharing Agreement;

20 TOURISM LAW IN EUROPE 9.2. An Agreement on the long-term touristic product, a Resale Agreement and an Exchange Agreement; 9.3. Rights and Duties of parties; 10. Tourist transport; 10.1 Contracts for the carriage of passengers; 10.1.1. Duties of the carrier; 10.1.2. Duties of the passengers; 10.1.3. Liability of the carrier; 11. Professions in Tourism; 11.1. Tour guide; 11.2. Other professions (Tourist Accompaniment, Tourist Animator and Tourist Representative); 12. Conclusion. Nick de Leeuw, Judith Tersteeg and Peter Vos 501 Tourism Law in the Netherlands 1. Introduction; 2. Package Travel and Linked Travel Arrangement; 2.1. Looking back; 2.2. Implementation by the Dutch legislator; 2.3. Most important comments; 2.3.1. Scope: business and pleasure?; 2.3.2. Definitions; 2.3.3. The Linked Travel Arrangement; 2.3.4. Lack of clarity about non-conformity and compensation; 3. Dutch Air Ticket Guarantee Fund; 3.1. Context; 3.2. Easy access to national markets within the EU for airlines; 3.3. Initiatives for protection of passengers; 3.4. Financial risk and required funds; 4. Insolvency Protection. Sverre McSeveny-Åril Tourism Law in Norway 519 1. Introduction; 2. Legal Environment; 3. Institutional Organisation;

CONTENTS 21 4. Accommodation; 4.1. Hotels, hostels and similar; 4.2. House rentals; 4.3. Camping; 4.4. Timeshare; 5. Restaurants, Cafes and Sale and Serving of Alcohol; 6. Transportation; 6.1. Bus; 6.2. Railway; 6.3. Air transport; 6.4. Boat; 6.5. Car rentals; 6.6. Taxi; 7. Tour Operators and Travel Agents; 8. The Travel Guarantee Scheme. Piotr Cybula Travel and Tourism Law in Poland 531 I. Introduction; II. Concept, Scope and Teaching of Travel and Tourism Law; III. Government and Self-Government Administration in the Tourism Field; III.1. Government administration; III.2. Local government administration; IV. Polish Tourism Organisation; V. Package Travel and Linked Travel Arrangements; VI. Hospitality Services; V.1. Regulation of hotel services in the Act on accommodation services and tour leader and tour guide services; VI.1.1. Hotel facilities; VI.1.2. Other facilities; VI.2. Regulation of liability, lien rights and statute of limitations of claims of keepers of hotels and similar establishments in the Civil Code; VII. Tourist Guide Services; VIII. Tour Leader Services; IX. Passenger Protection; X. Timesharing; XI. Children and Youth Tourism;

22 TOURISM LAW IN EUROPE XI.1. Organisation of leisure activities; XI.2. Organisation of tourism and sightseeing; XII. Hiking Trails; XIII. Safety in the Mountains and on Water Areas; XIV. Agritourism Services; XV. Polish Tourism Voucher; XVI. Summary; XVII. References. Carlos Torres Tourism Law in Portugal 567 1. The Framework of Public Policies on Tourism; 2. Current Overview of the Tourism Legislation: Accommodation, Travel Agencies, Entertainment and Catering and Drinking; 3. From the most demanding and time-consuming licensing to the fast and simple prior notice; 4. Urban planning aspects regulated outside the tourism legislation: prior information, construction and use; 5. Transversal standards; 6. Accommodation; 7. Travel Agencies; 8. Catering and drinking establishments; 9. Tourist Entertainment Law (LAT). Ilie Dumitru Tourism Law in Romania 593 1. Evolution of the Romanian legislation on tourism in last decades; 2. Actual legal provisions on accommodation units’ activity; 2.1. Accommodation units’ categories; 2.2. Issuance of the classification certificate; 2.3. Modification of the classification certificate; 2.4. Withdrawal of the classification certificate; 2.5. Validity of the classification certificate; 2.6. Obligations of the classified hotel unit; 2.7. Criteria for establishing the classification of accommodation units; 3. A new law on tourism.

CONTENTS 23 Andrej Mićović 605 Tourism Law in Serbia Abstract; 1. Introduction; 2. Evolution of Tourism and Hospitality Rules in Serbia; 3. Legal Sources of the Tourism and Hospitality Law in Serbia; 3.1. Constitution of the Republic of Serbia; 3.2. Laws; 3.2.1. The Law on Tourism; 3.2.2. The Law on Hospitality; 3.2.3. The Law on Obligations; 3.2.4. The Law on Consumer Protection; 3.3. Bylaws; 3.4. Autonomous Legal Rules; 4. Conclusion. Monika Jurčová Travel Law in Slovakia 625 I. Introduction; II. General Overview of Tourism Law in Slovakia; III. Holiday Allowance and Vouchers for Employees; IV. Vouchers for Substitute Packages – Special Regulation for COVID-19; V. Conclusion. Matija Damjan and Karmen Lutman Tourism Law in Slovenia 635 1. Introduction; 2. Administrative Regulation of Tourism; 2.1. Organisations in the Tourism Sector; 2.2. Strategic Planning; 2.3. Conditions for Performing Tourist Activities; 2.4. Tourist Fees; 3. Sharing Economy; 4. Tourism Contracts; 4.1. Package Travel Contracts and Linked Travel Arrangements; 4.2. Tourism Contracts Regulated in the Obligations Code; 4.2.1. Overview;

24 TOURISM LAW IN EUROPE 4.2.2. Contract on organised travel; 4.2.3. Agency contract on tourist services; 4.2.4. Allotment contract; 4.2.5. Timeshare, long-term holiday product, resale and exchange contracts; 4.3. Special Customs and Usages in the Hospitality Industry; 5. Conclusion. Felio José Bauzá Martorell Towards a Global Law of Tourism 651 I. Approach; II. State Ordinances; II.1. Spain; II.1.1. Tourism, regional competition; II.1.2. Crisis of territoriality; II.2. Portugal; II.3. Other European Legal Systems; II.3.1. France; II.3.2. Italy; III. International Organisations; III.1. The World Tourism Organization; III.2. European Union; IV. Conclusions and Recommendations of Lege Ferenda; Bibliography. Humberto Gosálbez Pequeño Ensuring Compliance with Tourism Legislation in Spain: Administrative Inspection and Sanctioning Activity 669 Abstract; I. Introduction; II. The Administrative Inspection of Tourism; II.1. Concept and Delimitation; II.2. Inspection Powers; II.2.1. Entering and accessing tourist establishments; II.2.2. Accessing and examining (in situ) the documentation of the inspected businessman; II.2.3. Requesting complementary or clarifying information;

CONTENTS 25 II.2.4. Requiring the delivery of documentation; II.2.5. Requiring the appearance of the businessman in the public office; II.3. Tourist Inspection Measures: “Inspection Reports”; II.3.1. Concept, function and content; II.3.2. Types of reports; III. The Sanctioning Activity of the Tourist Public Administration; III.1. The Main General Principles of the Sanctioning Power; III.1.1. Principle of legality and legal reservation; III.1.2. Principle of typicality; III.1.3. Principle of culpability; III.1.4. Principle of non bis in idem; III.2. Infractions and Penalties; III.2.1. Infractions: Classification and statute of limitations; III.2.2. Penalties: Types, graduation and principle of proportionality; IV. Bibliography. Inmaculada González Cabrera Housing Regulation in Spain 691 I. Introduction; II. Concept, Legal Nature and Characteristics. III. Personal Elements; IV. Obligations of the Parties; IV.1. Obligations of the Hotel Operator; IV.2. Obligations of the Guest; V. The Employer’s Liability; V.1. Liability for the Non-Fulfilment of the Performance; V.2. Liability for Damage Caused to the Guest’s Health and Physical Integrity; V.3. Liability for Damage to the Guest’s Effects or Property; V.3.1. Liability for the Effects Brought by the Guest into the Establishment; V.3.2. Liability for valuables delivered to him or left in his custody; V.3.3. Liability for damage caused to the customer’s vehicle; VI. The Accommodation Contract Concluded Through the So-Called Collaborative Platforms; VI.1. Concept and Characteristics of the Hosting Contract Concluded on These Platforms;

26 TOURISM LAW IN EUROPE VI.2. Subjects and Obligations of the Parties; VI.3. The Host’s Responsibility; VII. Bibliography. Silvia Feliu Tourist Vacation Rental and Digital Platforms in Spain 729 Introduction; 1. Distribution of Legislative Powers in Matters of Tourism; 2. Divergent Concept of Tourist Vacation Rental in Spanish Law; 3. Uneven and Changing National Jurisprudence; 4. Holiday Rentals in Spain in Times of COVID-19. Silvia Feliu Timesharing Regulation in Spain 741 I. Context; II. Normative Evolution; III. Law 4/2012, of 6 July; III.1. Scope of application of Law 4/2012; III.2. Pre-contractual and contractual aspects; III.3. Imperativity of the provisions; III.4. Information, codes of conduct and out-of-court claim for conflicts; III.5. Judicial and administrative protection; III.6. Constitution, exercise, transmission and extinction of the right. F. Javier Melgosa Arcos The Presentation of the Service of Tourist Guide in the European Union’s Legal Framework: Approach to the Spanish Case 749 Abstract; I. Background; II. The regulation of the tourist guide profession in Spain: Exclusive competence of the autonomous communities; III. Tourist guide and the freedom to provide services in the European Union; IV. Effects of the Directive 2006/123/EC on the tourist guide profession; V. Collaborative economy and tourist guides: the free tours; Bibliography.

CONTENTS 27 Jonas Thyberg Tourism in Sweden 775 1. Introduction; 2. Sweden’s Background; 3. Institutional Organisation; 4. Accommodation; 4.1. Hotel; 4.2. Hostel; 4.3. House rental; 4.4. Camping; 4.5. Timeshare; 4.6. Sharing Economy – Airbnb; 5. Restaurants; 6. Transportation; 6.1. Railway; 6.2. Bus; 6.3. Air transport; 6.4. Boat; 6.5. Car rental; 6.6. Taxi; 7. Tour Operators and Travel Agents; 7.1. Tour operators; 7.2. Travel agents; 7.3. The travel guarantee scheme; Stephen Mason Government Travel Advice and the Holiday Contract 787 Abstract; 1. Legal Background; 2. What is the Nature of a Holiday Contract? A Special Case?; 3. The Duty of Care; 4. Conclusion. Sarah Prager An Overview of Tourism Law in the UK 793 1. Introduction;

28 TOURISM LAW IN EUROPE 2. Package Tourism: The Package Travel and Linked Package Arrangements Regulations 2018; 3. Carriage by Air: Montreal Convention; 4. Carriage by Sea: Athens Convention; 5. Hotels and Caterers; 6. Brexit; 7. COVID-19; 8. Conclusions.

Introduction to Albanian Tourism Law Nada Dollani1 Xhon Skënderi2 Armela Maxhelaku3 1. Introduction; 2. Overview of Tourism Sector in Albania from an Economical Perspective; 3. Tourism Products in Albania; 4. Legal Framework in the Tourism Sector; 4.1. Law no.93/2015 “On Tourism”; 4.1.1. The responsible State entities in the field of tourism; 4.2. Law no. 55/2015 “On Strategic Investments”; 4.2.1. Other financial and support for investments in priority areas for tourism development; 4.3. Law no. 9902/2008 on Consumer Protection; 4.3.1. Travel Package contracts; 4.3.2. Timeshare contracts; 4.4. Strategy of Sustainable Tourism Development in Albania 2019-2023; 5. Concluding Remarks; 6. References. 1. INTRODUCTION The tourism industry in the Republic of Albania is conferred as a significant factor for the country’s economy and therefore the Albanian government and interested groups have shifted their focus to this sector. Since the adoption of the Law on Tourism in 2015, there has been a significant increase on efforts to create a comprehensive regulatory framework in the tourism industry to create a stable climate for investors in this sector as well. Thus, to create a safe environment where the rights of tourists are respected in full compliance with the recommendations and legislation of the European Union in this sector. The political commitment for stronger support to the tourism started to materialise through sectoral legal acts and legal acts on strategic investments 1 Prof. Dr. Nada Dollani, Professor of civil law and Head of the Civil Law Department at the Faculty of Law, University of Tirana. 2 Dr ©. Xhon Skënderi, Lecturer at Faculty of Law, University of Tirana, Ph.D. candidate at Faculty of Law, University of Passau, Germany. 3 Dr ©. Armela Maxhelaku, Lecturer at Faculty of Law, University of Tirana, Ph.D. candidate at Faculty of Law, University of Freiburg, Germany.

30 TOURISM LAW IN EUROPE approved in 2015, which aimed to bring the tourism sector under the focus of new splash of investments4. Additionally, by-laws, Council of Ministers decrees, and other regulations have been approved from time to time to fill the legal framework and to address the different segments of the tourism chain aiming to bring the sector development and its contribution closer to its potential5. The increasing importance of tourism in the economy as a source of employment, foreign direct investments and key service sector would require more and more attention both in policy formulation and to address the challenges that this sector currently is facing6. According to the latest estimate of Albanian Institute of Statistics (INSTAT), the economy, in the second quarter of 2020, has experienced a decline of -10.23% compared to the second quarter of 2019, followed by a decline of 2.27% in the first quarter. For the entire first 6 months it marked a decrease of -6.57%. Albania is particularly exposed to the economic contraction from the pandemic because it is strongly supported by the tourism sector and because of its intense relations with some EU economies severely affected by the pandemic7. Despite the generally positive situation, some major challenges need to be addressed by the sector8. The broad field of tourism is generally underdeveloped, and it is characterised by a lack of standards, poor quality in terms of tourist services and facilities, unsustainable development of tourism products, and a lack of cooperation and coordination among the players who are or could be an integral part of the industry9. Some of the specific challenges include: (1) the need for greater integration of tourism planning and tourism destinations; (2) addressing weaknesses in the range and quality of tourism products; (3) to develop a more favorable legal and institutional environment for attracting domestic and foreign private investors; and (4) to take a more comprehensive and strategic approach to tourism development in Albania, to ensure sustainability as well as the generation of income and employment opportunities10. 4 Investment Council Secretariat: “Legal And Institutional Framework On Tourism” by E. Zerva,, p. 2, accessed on 25.08.2021. 5 Idem. 6 Albania, Report on the Harmonization of Sustainable Development Goals with Existing Sectoral Policies. United Nations Albania, 30 January 2018, p. 143. 7 National Plan for European Integration, 2021-2023, Ministry for Europe and Foreign Affairs, p. 38, e79ca24f397160, accessed on 17.06.2021. 8 Idem. 9 Idem. 10 Idem.

ALBANIA | NADA DOLLANI, XHON SKËNDERI, ARMELA MAXHELAKU 31 Tourism development in Albania builds up not only on the abundant available resources that the country has, but also on the unique local values and culture11. While it has not been the main focus, Albania’s resources and history in archaeology, heritage and culture offer considerable potential12. This area has been identified as Albania’s main strengths by various visitor surveys and travel trade from foreign markets13. Albania offers three World Heritage Sites: Butrinti archaeological park, Berat and Gjirokastra, followed by an array of historic and cultural attractions and monuments14. Albania’s climate, geography, and physical variety of territory, represented by a range of mountains, lakes, rivers, and lagoons is accompanied by rich biodiversity of flora and fauna15. These are present in a number of national parks and nature reserves within the country16. Natural and rural areas in Albania offer possibilities for the development of rural tourism, ecotourism and nature-based activities (river rafting, paragliding, mountain biking, windsurfing, sailing, fishing, trekking, climbing, hiking, horseback riding, study tours, etc.)17. Some of these activities are the main motivation for visits by foreign visitors to these locations, and the reason why this sector is seen as one of the main engines of national economic growth18. 2. OVERVIEW OF TOURISM SECTOR IN ALBANIA FROM AN ECONOMICAL PERSPECTIVE Albania has flirted with the prospect of becoming a tourist destination since at least the second half of the 20th century, but never truly committed to reflecting such an engagement at a policy and economic development level because of the imminent ideology and propaganda that comes with international tourism. Year after year, tourism is increasingly crystallising as one of the main engines of the country’s economic development19. According to the Economic Impact Report of 2021 of the World Travel and Tourism Council20 along 2019, 11 Albania, Report on the Harmonization of Sustainable Development Goals with Existing Sectoral Policies. United Nations Albania, 30 January 2018, p. 190. 12 Idem. 13 Idem. 14 Idem. 15 Idem. 16 Idem. 17 Idem. 18 Idem. 19 “National Strategy For Sustainable Tourism Development 2019 – 2023”,, p. 5 accessed on 25.08.2021. 20 See, Albania, accessed on 25.08.2021.

32 TOURISM LAW IN EUROPE the tourism sector recorded a direct contribution of USD 9,170 BN, accounting for about 10.4% of the Gross Domestic Product (GDP) while along 2020, the tourism sector recorded a direct contribution of USD 4,671 BN, accounting for about 5.5% of the Gross Domestic Product (GDP)21. Meanwhile, the sector’s contribution to the economy is projected to grow significantly over the next 10 years, while, by 2028, the sector may reach 9.3% of the GDP22. Thus, taking into account this upward trend, it is projected that by 2028 the direct and indirect effect of the tourism sector will reach approximately one-third of Albania’s total GDP23. Europe is the main source of tourists visiting Albania taking up a volume of about 92.4% of all tourists, which reflects that the access >3 hours from one destination to another is still an important factor for the influx of travellers for tourism purposes24. However, recently tourists from the United States of America, or Asia, and especially China, have shown a significant increasing interest, thus indirectly encouraging the development of other tourism subsectors, especially the historical and cultural tourism25. However, compared to other Mediterranean countries, the development of tourism in Albania is still far from the potential represented by the country’s natural, historical and cultural assets. Infrastructure, accommodation capacities, quality of services, the tourism offers and products are all factors that have somewhat inhibited the sustainable and consistent development of tourism in Albania, leaving room for uncontrolled and chaotic development that has actually kept this industry in operation, but endangering its sustainability in the long run26. 3. TOURISM PRODUCTS IN ALBANIA In terms of their contribution to tourism revenue, the tourism products are classified into three main categories.27 These categories consist of those forms of tourism development, which occupy an important role in the sector’s 21 Idem. 22 “National Strategy For Sustainable Tourism Development 2019 – 2023”,, p. 5, accessed on 25.08.2021. 23 Idem. 24 Idem. 25 Idem. 26 Idem. 27 Idem.

ALBANIA | NADA DOLLANI, XHON SKËNDERI, ARMELA MAXHELAKU 33 contribution to the overall economy. The main products can be classified as follows28: a) Coastal tourism: this category includes coastal tourism and maritime tourism. The first refers to activities that take place on the seafront or that proximity to the seafront is the basis of their organisation, such as swimming, beach baths and other related recreational activities, while the second refers to activities taking place at sea, including tourist cruising (yachting, sailing, cruising), yacht ports with all related services and activities, and sea sports29. The beach, the sea and the sun has been the main product for years, accounting for the largest share of total tourism products30. This type of tourism in Albania has an emphasided seasonal character, and as a result most of the coastal accommodation facilities face seasonal difficulties of operation. Meanwhile, for maritime tourism, the infrastructure is currently lacking and this segment (yachting, sailing, cruising) is still in its beginnings, but the potential for development is enormous and very important for Albania’s economy and elite tourism31; b) Natural tourism: Albania is appreciated by many international operators and visitors for its beautiful nature and landscapes32. Natural and rural areas in Albania offer opportunities for the development of rural tourism, mountain tourism, ecotourism and outdoor activities (rafting, parachuting, mountain biking, fishing, trekking, mountaineering, hiking, horseback riding, study tours, etc.)33. Some of these activities are the main motive for visits by foreign visitors to the natural areas34. On the other hand, the tourism of environmentally protected areas is also added to the category35. The basis of the system of environmental protected areas consists of 15 national parks, several managed nature reserves and protected landscapes, which contain the largest natural values and biodiversity in the country36; 28 Idem. 29 Idem. 30 Idem. 31 Idem. 32 Idem. 33 Idem. 34 Idem. 35 Idem. 36 Idem.

34 TOURISM LAW IN EUROPE c) Thematic tourism: this category includes a number of specific forms of tourism, such as agro-tourism, event and business tourism, cultural tourism (heritage, history, religion, etc.), enogastronomic tourism and health tourism (thermal, welfare and medical)37. Although not the main purpose of the visit in Albania, archaeology, heritage and culture are identified as Albania’s strengths in various studies conducted with visitors and the travel industry from foreign markets38. In terms of business tourism, developments in this regard are focused at a national level and the lack of a consolidated cooperation network among stakeholders, coupled with the lack of new conference and convention centers, business centers near economic development poles, accommodation facilities of internationally renowned brands in the organisation of conferences and congresses, has limited the prospect of developing MICE tourism at an international level39; and d) Rural tourism: the definition of rural tourism provided by the law on tourism, as a tourism activity performed in a rural environment and is oriented towards the use of local tourism resources, which is in line with UNWTO definitions. Rural tourism is viewed as the most important element of diversification of rural economy contributing to a general socioeconomic development of rural areas40. It is also a new component of the Albanian supply of tourism, providing opportunities for villages and rural regions of the country. The main focus of rural tourism development in Albania is directed towards the promotion of rural areas’ natural and cultural values for tourism purposes41. Although Albania has a basic legal framework in compliance with EU regulations, and many policy documents, it faces challenges associated with lack of coordination, planning and undisciplined development of the rural tourism. In this context it is important to develop a dialogue between stakeholders in different ministries, departments, agencies, academic institutions, the private sector, civil society organisations, and the donor community42. Furthermore, the 100 Villages Programme lacks a detailed planning in terms of investments activities and funding for these selected villages. While municipalities are 37 Idem. 38 Idem. 39 Idem. 40 Regional Rural Development Standing Working Group in South Eastern Europe, National Report Albania, October 2019, accessed on 15.08.2021. 41 Idem. 42 Idem.

ALBANIA | NADA DOLLANI, XHON SKËNDERI, ARMELA MAXHELAKU 35 strongly involved, their financial capacities in these villages are badly affected by internal and external migration and the undisciplined development of the rural tourism. In this regard, it is necessary to review carefully the legislation related to agriculture and rural development, and ensure realistic transitory periods are in place, while on the other hand, to step up effort to raise awareness, provide funding and technical assistance for compliance with regulations43. 4. LEGAL FRAMEWORK IN THE TOURISM SECTOR 4.1. Law no.93/2015 “On Tourism” The law on tourism aims to strengthen coordination between government agencies, tourism businesses and various investors, facilitating this by starting in the sector and making it the largest destination for visitors44. This law introduces a number of major land innovations such as: better sales and regional organisation, program assistance, new funds and projects, better tourist infrastructure, development aircraft, authority and deadline for implementation of plans, technical assistance, vertical and horizontal formation, public-private partnership and standardisation of tourist structures45. This law is in partial compliance with Article 2, Article 3, as well as with Annex of the Council Directive No. 90/314 / EEC of 13 June 1990 on package travel, package holidays and package tours, as well as Article 2 and Article 3 of the Rules of Procedure of the European Parliament and Council no. 692/2011/EU, of 6 July 2011, “European Statistics on Tourism”. The subject matter of this legal act is, inter alia, to: (i) regulate the relations between public institutions and private entities, natural and legal persons, domestic or foreign, that exercise tourist activities and aims to regulate the rights and obligations of the entities participating in these activities, in accordance with the standards defined in this law, as well as other issues that are related to the field of tourism; (ii) regulate the cooperation relations of the interaction of governing bodies central to those of local government in defining policies and developing strategies in the field of tourism; (iii) define the rules for the coordination of work and cooperation of institutions responsible in the field of 43 Idem. 44 Article 1 of Law no. 93/2015 “On Tourism”. 45 Investment Council Secretariat: “Legal And Institutional Framework On Tourism” by E. Zerva,, p. 2, accessed on 25.08.2021.

36 TOURISM LAW IN EUROPE tourism, on purpose development of the tourism industry according to the rules and the standards set out in this law and in applicable legislation; and (iv) regulate the relations between state institutions and investors potential, based on the public interest in development of tourism46. The Law elaborates the main development principles of sustainable tourism and investment in its development. In this regard, it is explicitly stated in Article 5/1 that tourism and other related activities rely on the principles of stable development. These principles deal with the economic, environmental and socio-cultural aspects and require the establishment of a fair balance between these three dimensions, to ensure the sustainability of long-term development. According to the Article 5/2 of the Law, the principles of sustainable development of tourism are provided through: (i) the involvement of various public bodies, the private sector, professional, trade and consumer protection associations, relevant NGOs, as well as the population in the planning process; (ii) the organisation and implementation of tourism planning at the local level, in accordance with the National Tourism Plan, drafted and approved according to the legal provisions in force, as an integral part of sustainable tourism development at the national level; (iii) the forecasting, planning, administration and tourist control, respecting the protection of environment and tourist resources, according to the norms and standards set for their use; (iv) the fair distribution of advantages and costs between all touristic system actors; (v) the informing, educating, motivating and involving the local population in the process of creating value for the tourist; (vi) preliminary evaluation of tourism projects and the impact that their implementation will have; (vii) the involvement of local communities in study and design of programs common for tourism development; and (viii) the monitoring of the implementation of projects tourism. 4.1.1. THE RESPONSIBLE STATE ENTITIES IN THE FIELD OF TOURISM a) Ministry responsible for tourism The Ministry responsible for tourism implements the basic principles of sustainable tourism development, in accordance with the provisions of the Law no. 93/2015 and legal and sub-legal acts in force, in cooperation with all actors of the tourism industry. The Ministry is also responsible to draft and submit for approval in front of National Council of the Territory, National Plan of Tourism and is also responsible for its implementation. 46 Article 2 of Law no. 93/2015 “On Tourism”.

ALBANIA | NADA DOLLANI, XHON SKËNDERI, ARMELA MAXHELAKU 37 According to the Article 9/1 of the Law, the Ministry has also the following responsibilities: (i) to draft and submit for approval in front of the Council of Ministers the development strategy of tourism and its related action plan; (ii) to create and administer the Central Register of Tourism and the National Resource Tourist Register; (iii) to support and collaborate with groups of interest in the process of market research regarding the resources and tourism products, their development in accordance with the requirements of the tourist market and competition in areas with priority development of tourism; (iv) to financially support the projects that help develop the field of tourism; (v) to support, protect and develop tourism resources and promote tourism products, respectively with the principles of sustainable tourism development and in collaboration with other stakeholders; (vi) to take measures for well-being, protection and promoting employment in the tourism industry, by giving priority to youth employment; (vii) to encourage, support and promote education and continuing professional vocational training, through institutions and accredited programs, according to the legislation in force, in cooperation with the responsible ministries that cover the relevant field, among others. b) Private Sector Advisory Committee of Tourism The Private Sector Advisory Committee of Tourism, hereinafter PSACT, is established as a body advisory to the tourism sector. The way of organisation and functioning of PSACT is defined in the approved regulation by the minister responsible for tourism. PSACT is chaired by the responsible minister for tourism and has representatives in its composition by national associations of enterprises, that operate in the field of tourism, representatives from higher education institutions, chambers of commerce, representatives of associations or NGOs operating in the field of tourism, as well as representatives of international institutions / donors. c) National Tourism Agency The National Tourism Agency, following NTA, is a public legal entity, budgetary, depending on the minister responsible for tourism, which aims is at promoting Albanian tourism, within and abroad. NTA is headquartered in Tirana. The way of organisation and functioning of NTA is approved by decision of the Council of Ministers, on the proposal of the minister responsible for tourism.

38 TOURISM LAW IN EUROPE d) National Coast Agency The National Coast Guard Agency, following NCA is a public legal entity, budgetary, with headquarters in Tirana, depending on the minister responsible for tourism, which aims to protect and pursue the development of the Albanian coastal area. The organisation and the functioning of the NCA is approved from the respective decision of Council of Ministers, on the proposal of the Minister responsible for tourism. The NCA’s structure and staff are approved by order of the Prime Minister, on the proposal of the minister responsible for tourism. e) Territorial Branches of Tourism The Territorial branch of tourism service is established as an administrative structure of the ministry responsible for tourism. The way of organisation and functioning of the territorial branch of the tourism service is approved by order of the minister responsible for tourism. f) Inspectorate Covering the Field of Tourism The Inspectorate covering the field of tourism is a legal entity, public and budgetary, depending on the minister responsible for tourism. The purpose of the inspection of tourist activities is to ensure the implementation of tourism legislation by entities on which this law operates, in accordance with inspection procedures. g) Local Government Units Local government units have the following duties and responsibilities: a) to create an inventory of key resources of the local government unit and inventory of tourist enterprises at the local level; b) to send every 6 months the inventory to the minister responsible for tourism; c) to provide supportive infrastructure for tourism business activities at the local level, enabling compliance with standards by tourism enterprises; d) to contribute to the development of species of various tourism at the local level, such as cultural tourism and agro-tourism, based on touristic sources, playing an active role in the diversification of tourist product, in cooperation with all central and local institutions, as well as groups of interests; e) to provide information as part of the statistic system of tourism for the minister responsible for tourism; f) to cooperate in taking measures to provide health care services primary for visitors / tourists, within the jurisdiction of local government unit, applying the standards designated by the ministry responsible for tourism and that of health; and g) to take measures to create and