Tourism Law in Europe

4 the hotelier for the safekeeping of goods brought into their establishment is regulated by the Civil Code. The hotelier is liable without limit for the preservation of the goods delivered to him and up to a maximum limit of one hundred times the daily price of the accommodation rental for goods brought to the hotel, but not expressly entrusted to them. Then, pursuant to Art. 1786 of the Civil Code, the regulation extends to all businesses which, in order to allow the best enjoyment of the service, presuppose that the customer entrusts the manager with part of their property, as in the case of restaurants, nursing homes or bathing establishments. With the exception of these rules on deposit, hotel and restaurant contracts lack a specific regulation, although this does not cause too many problems because, on the one hand, in our tradition, there have not been many disputes and, on the other hand, they have been resolved smoothly on the basis of the general principles of contracts, contained in the Civil Code, and without any interference from the Tourism Code 12 . 2. Access to the Market and the Case of Tour Guides The Tourism Code has sought to uniformly regulate access to activities with simplified administrative procedures, although in some cases this intention has been frustrated by the destructive effects of the aforementioned decision of the Constitutional Court 13 , which, in returning organisational profiles of certain institutions to the exclusive competence of the regions, has partly halted this process. On the contrary, to give an example, the reshaping of the regulation of tour guides reflects the intention of the national legislator to privilege “the role of the market to the detriment of (...) overly rigid administrative conditioning” 14 . The regulation has already taken on connotations that are Milan, 1996, 591 onwards; Quadrato, Responsabilità dell’albergatore, in Dig., disc. priv., sez. civ., agg., vol. VIII, 623 et seq . 12 See Trib. Larino 7 September 2015, in Danno resp., 2016, 434; Cass. 3 December 2009, no. 25396, ibid , 2010, 725. 13 See Constitutional Court 5 April 2012, no. 80, cit. 14 See Righi, Professioni turistici , in Dig., disc. pub. vol. XII, 12 et seq ., and by the same author, La dimensione comunitaria del turismo e il suo impatto sull’ordinamento italiano , in Riv. it. dir. pubblica. comm., 1992, 833 et seq ., and by A. himself, Professioni turistiche e principi comunitari: si riaccende la “guerra delle guide”, in Dir. tur., 2005, 281 et seq .; Silingardi, Le professioni turistiche: profili organizzatori nell’ordinamento interno e in quello comunitario, in Riv. giur. circ. trasp. , 1993, 677 et seq .; Cavaliere, Gli incerti confini della disciplina giuridica della professione di guida turistica tra diritto dell’Unione europea e ordinamento nazionale , in Dir. pubblica. eur., online review , no. 1, 2017.