Tourism law (obligations (Public order, To direct customers, Against the…
To direct customers
Against the intermediaries
Meet requirements that involves the tourist activity
Tourism law and consumer protection
Tourist: anyone without distinction of race, sex. Language and religion that enters a place other than the one that stays overnight.
Right of the tourist: right to be exhibited in public places, receive opportunity and effective attention, to receive reimbursement, to compensate or to compensate the bad service
Entrepreneur: he is the one who professionally exercises an organized economic activity in order to change goods and services.
Distinctive signs of commercial activity there are two types:
Figurative: integrated unicaments by figures
Regulations: those integrated by one or more letters, digits, numbers, words, phrases or combinations thereof
Typology: Mercantile companies are governed by the general law of commercial companies and the corporate society by the general law of corporate societies
Legal capacity: it is the ability to be holder of rights and obligations but in mercantile matters.
Equity: own equity, assets, liabilities.
Concept: it is that which exists under a denomination or social race, through an agreement of wills of a group of people called partners.
advantages and disadvantages :
The most important advantage is to raise enough capital for a company to march.
Disadvantage: limited life, unlimited liability, and mutual representation.
The contractual relationship between the agency and the client is governed by the clauses of the combined contract, by the technical details of the trip that details its final content.
Price of the trip: expressed in the leaflet includes the value added tax when applicable and is understood to be valid during the season indicated.
Establishment of accommodation: are determined by the local tourist category specified in the contract.
A traveler who opts to leave the country for tourism or work, establishes an economic relationship and service provision with the agency that sells the travel package.
Are travel and tourism agencies the commercial companies duly constituted by legal professional people dedicated to sell tourist plans
Obligations of the parties
Client's obligations: the client has the obligation to always carry the documents in force.
Obligations of travel agencies: they have the duty to inform the client and provide all the necessary information.
Restoration and food supply
Are the gastronomic establishment whose economic activity consists of the sale and service to the public of prepared foods
Classes of catering companies
Restaurant and full service gastronomic establishments
restaurante y establecimientos gastronómicos de servicios rápido
Bars and similar establishments
Obligations of the parties
The model of provision of catering services, the provider undertakes to provide catering services contracted to the customer, with due diligence in exchange for a price.
Gayo: I observed that there was no deposit agreement between the traveler and the innkeeper.
Domat: Treat hoteliers obligations
Sources and contents of tourism law
Secondary: customs, doctrines, jerisprudence
Regulations, laws and decrees
Primary: you are only subject to what is established by constitutional sources
Conventions, treaties, codes
Division of Tourism Law
Public law: regulates the relations of public power, within it we find the rights: Criminal, constitutional, administrative, financial, migratory, fiscal, procedural among others.
Private law: set of rules that regulate legal relations, in this branch is the law: civil, family, mercantile among others.
Social rights: these favor people groups and factors of society.
Set of legal rules that for tourism reasons, regulates the acts that occur between the tourist, the service providers and the state.
Evolution of tourism and the role of the state
Andre Siegfried, established 3 periods of the state