Ξενοδοχεία -- Δίκαιο και νομοθεσία Hotels -- Law and legislation
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
The tourist industry is undoubtedly one of the most important sectors of the Greek economy. It is one of the largest service providing industries which is constantly being molded and is developing at an extremely quick pace on all levels. It is a phenomenon which has particular gravity and varying as well as very important repercussions and implications on both the financial and social life of a country. For these reasons it is important that the development of the tourist industry is controlled and directed properly, at each stage, in order to avoid dangerous consequences which may not only have a negative effect on a country but may also be destructive for it. However, despite its importance the development of this sector from a scientific point of view, namely with regard to case law and theory, is hypotonic in our country. Therefore, even though the services provided by the tourist industry are improving constantly the lack of a thorough legal framework as well as the lack of protective regulations unfortunately, cannot coincide with the new types of transactions required by contemporary financial circumstances. The object of the present dissertation is the hotel contract which is the main legal instrument detailing the relationship between hoteliers and tour operators and in particular its irregular evolution, due to the lack of a contemporary and specialized legal framework. In particular the first chapter analyzes and explains the meaning of the hotel contract and the two most important forms of the same, namely the guarantee commitment and the allotment. The legal nature as well as the regulatory framework of the hotel contract and its forms are examined as these have developed under the articles of the Civil Code, the decision of the Secretary General of the GNTO pertaining to the regulations concerning hoteliers and their clients numbered 503007/1976 and the international agreements reached by the national unions of tour operators and hoteliers which reflect the commercial customs and practices which are applied to their dealings. The second chapter explains in further detail the rights and duties of the contracting parties as these are created when entering into a hotel contract. Furthermore, the tripartite relationship between the hotelier, the tour agent and the client are analyzed in order to clarify the role of each party. In the third chapter the issue of applicable law to the contract between the hotelier and the tour operator is researched. In fact in most cases the hotel contract is entered into between an hotelier and a foreign tour operator. Therefore, in a number of contracts the element which connects the contractual relationship with a foreign jurisdiction is inherent thus rendering mandatory the determination of applicable law in accordance with the Civil Code and the Rome Convention 1980. The fourth chapter deals with the issue of international jurisdiction in the hotel contract, initially in accordance with the Brussels Convention and thereafter in accordance with the European Regulation 44/2001 which replaced the former. Furthermore, the fifth chapter to begin with investigates the primary reasons for the irregular evolution of the hotel contract. Additionally, issues pertaining to rescission of the contract, insolvency or bankruptcy of the parties as well as matters of compensation are examined. Moreover, the subject of insurance coverage of insolvent tour operators is dealt with. Finally, the sixth chapter deals with two important legal topics, namely “time sharing” and “all inclusive” services. The meaning and scope of time sharing are examined as are its legal nature and regulatory framework. Moreover, reference is made to the new European Directive 2008/122/EC and the reasons which led to its necessity. With regard to the issue of “all inclusive” services the final chapter examines the reasons behind its popularity as well as the consequences of this form of tourism for the hoteliers and other businesses related to the tourist industry.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικό Δίκαιο, 2009