Liability in the Tourist Package: Commentary on the Judgment of the Court of Cassation, Section III, Order No. 1417/2023
The judgment of the Court of Cassation No. 1417 of 2023 provides relevant insights regarding liability in the context of tourist packages, highlighting the solidarity between travel agencies and tour operators. This is a highly topical issue, especially considering the increase in disputes in the tourism sector.
The Case Under Review
On this occasion, the appellants, A.A. and B.B., parents of two minors, sought compensation for damages suffered due to a gastrointestinal infection contracted during a vacation at the Villaggio Club Capo Alaua. The Court of Appeal had initially excluded the joint liability between the travel agency Gi.Ri.Do.Ro and the tour operator Polycastrum Viaggi Srl, stating that the agency was not liable for events it could not control.
The Court of Cassation upheld the appeal, emphasizing that liability in the tourist package is joint, to protect the consumer.
Principles of Liability in the Consumer Code
According to Legislative Decree No. 206/2005, known as the Consumer Code, the organizer and seller of tourist packages are obliged to compensate for damages suffered by the consumer, unless they prove that the non-fulfillment was caused by an event not attributable to them. The Court of Cassation reaffirmed that in an "all-inclusive" travel contract, the activities of the travel agency do not merely consist of selling but involve an assumption of responsibility that requires qualified professional diligence.
Implications for Consumers
The decision of the Court of Cassation provides greater protection for consumers, establishing that:
- The liability between travel agencies and tour operators is joint, facilitating access to compensation for damages suffered.
- The consumer can rely on the professionalism of both operators, who must ensure the quality of the services offered.
- In case of disputes, it is up to the service providers to prove that the non-fulfillment does not depend on their conduct.
Conclusions
The judgment No. 1417/2023 of the Court of Cassation represents an important step forward in protecting consumer rights in the tourism sector. The joint liability between travel agencies and tour operators ensures that, in case of damages, consumers can obtain justice and adequate compensation. It is essential for industry professionals to comply with these provisions to avoid potential disputes and ensure quality service.
Bianucci Law Firm
We constantly follow regulatory and jurisprudential developments, offering updated analyses and innovative solutions. We share legal developments to foster a more informed legal culture.
Latest Articles
Categories
- administrative law (3)
- aesthetic damage (1)
- biological damage (1)
- bullying (3)
- burden of proof (1)
- case law (15)
- civil law (47)
- civil liability (40)
- civil_law (1)
- civil_liability (5)
- commercial law (1)
- compensation for damages (9)
- compensations (1)
- consumer law (1)
- contracts (1)
- Court of Cassation (1)
- Covid-19 (2)
- criminal law (5)
- criminal liability (1)
- Damage assessment (3)
- damage compensation (2)
- damages compensation (38)
- damages_compensation (10)
- employer_liability (1)
- employer_responsibility (1)
- European law (1)
- family law (4)
- family_law (3)
- financial law (1)
- health law (19)
- healthcare (2)
- healthcare law (1)
- healthcare liability (6)
- INAIL compensation (1)
- informed consent (2)
- inheritance law (1)
- insurance (5)
- insurance law (1)
- insurance_law (2)
- jurisdiction (1)
- jurisprudence (11)
- justice (1)
- labor law (21)
- labor_law (5)
- law of evidence (1)
- lease (1)
- legal expenses (1)
- liability (2)
- medical liability (13)
- medical malpractice (3)
- minors' rights (1)
- moral damage (3)
- neighboring rights (1)
- noise pollution (1)
- non-economic damage (1)
- Non-pecuniary damage (4)
- Occupational Disease (1)
- occupational diseases (4)
- occupational safety (1)
- occupational_diseases (1)
- prescription (1)
- prison system (1)
- private law (1)
- professional liability (19)
- property rights (1)
- protection of workers (1)
- protection of workers' rights (1)
- public administration (1)
- public administration liability (1)
- right to health (3)
- right to life (1)
- road accidents (5)
- self-determination (1)
- social security (2)
- social security law (1)
- statute of limitations (1)
- tax law (3)
- Tax litigation (1)
- technical consultancy (1)
- testimonial_evidence (1)
- tort law (4)
- tort liability (1)
- tourism law (1)
- wildlife (1)
- worker dignity (1)
- worker protection (1)
- workers' protection (1)
- workplace accidents (2)
- Workplace injuries (3)
- workplace safety (1)
Tags
Accident accident prevention law accidents accountant acoustic emissions active legitimacy art. 141 Insurance Code article 2087 civil code asbestos asbestos exposure biological damage blood transfusions burden of proof case law case_law Cassation Cassation ruling Catanzaro court catastrophic damage causal link childbirth civil law civil liability cohabitation compensatio lucri cum damno compensation compensation action compensation for damages compensation tables congenital malformations Consob Consumer Code contagion contractual liability corporate liability Court of Appeal Court of Cassation Court of Cassation 19744/2014 Covid-19 criminal law criminal liability damage assessment damage compensation damage evidence damages damages assessment damages compensation death diagnostic errors differential damage disability insurance dismissal emotional bond emotional bonds employer liability employer_liability equity evidence failure to supervise family law guidelines gynecologist HCV health law healthcare liability heating systems heirs hepatitis C virus I.N.A.I.L. iatrogenic damage iatrogenic injury INAIL income tax indemnity indemnity law informed consent injury from fall insurance insurance coverage insurance policies insurance policy intentional injuries joint liability judgment judgment 3767/2018 jurisdiction jurisprudence labor law landlord liability law law 194 legal expenses Legislative Decree 81/2008 legitimate reliance liability Lyell syndrome maintenance of public works malpractice Marche Region medical expenses medical liability medical malpractice medical negligence medical record mesothelioma Milan Court Milan ruling Ministry of Justice mobbing monetary penalty moral damage municipal liability Naples negligent arson newborn non-economic damage non-economic_damage non-pecuniary damage nosocomial infection nosocomial infections oath occupational disease occupational diseases occupational health package travel parental damage parental liability parental supervision passengers pension personal injuries personal injury pets premature birth professional liability property rights psychological suffering public administration public liability refusal of transfusion remedy Revenue Agency right to compensation right to health right to life road accident road accidents road traffic accidents ruling ruling 1361/2014 ruling 2023 ruling 5947 ruling Court of Naples safety safety of systems safety regulations self-determination settlement statute of limitations strepitus fori substitution Supreme Court Supreme Court 2023 Supreme Court ruling Supreme Court ruling 2023 surgical intervention survivor's pension survivors' pension tax law taxation technical consulting technical liability testimonial evidence tort liability traffic accident unjust detention unlawful occupation usufruct VAT water damage wildlife witness testimony Work work environment work-related liability. work-related stress worker health workers' rights workplace accident workplace accidents workplace injuries workplace safety