Tourism Law in Europe

15 bring together transport, accommodation, vehicle rental or other services and generate that causa turismi , which modifies the causal element of the individual types of contract by overcoming and supplementing the causal element of the contracts of the services it comprises. Furthermore, the regulation of the package travel contract also becomes – with the implementation of Directive (EU) 2015/2302 29 – the basis of an EU Tourism Law. Indeed, it serves as the common European legal basis of tourism. Following the transposition of the European Union regulations by the Italian lawmakers, with the enactment of Legislative Decree no. 62 of 21 May 2018, the package travel contract is now governed by articles 32-51- novies of the Tourism Code (TC) 30 . The new regulations came into effect on 1 July 2018 and apply to “package travel contracts” [art. 33(1)(d) TC], “intermediate travel contract” (art. 50 TC) and “linked travel arrangements” (art. 49 TC) concluded as of that date. By deeply reforming the previous travel contract rules, the legislative framework was updated to the latest developments in the tourism sector so as to achieve the “full harmonisation” of the Member States’ national laws, for the creation of a genuine internal market, ensuring a high level of consumer protection across the Union. Considering the level of detail of EU regulations, the harmonisation is faithful to the Directive, and its Italian version was accepted as “basic text”, even though not always technically correct from a legal point of view. The new rules differ from the wording of the EU provisions only when the terminological adjustment was necessary to conform the new regulations to national legislative frameworks. Likewise, in line with the traditional approach, the Tourism Code keeps the organiser’s position separate from package travel retailer’s one, regulating the obligations and Il nuovo “contratto di pacchetto turistico”: ambito di applicazione oggettiva e rilievi intersistematici , in Europa e diritto privato , 2020, p. 487. 29 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked tourist services, on which, see Vincenzo FRANCESCHELLI, Francesco MORANDI & Carlos TORRES (Eds.), The New Package Travel Directive , ESHTE-INATEL, Estoril, 2017, available in http://intranet.eshte.pt/newpackagetraveldirective/; and Carlos TORRES, Javier MELGOSA ARCOS, Laurence JÉGOUZO, Vincenzo FRANCESCHELLI, Francesco MORANDI & Francesco TORCHIA (Eds.), Collective Commentary about The New Package Travel Directive , ESHTE, Estoril, 2020, available in http://intranet.eshte.pt/collectivecommentary/. 30 See Francesco MORANDI, Le nuove regole dell'unione europea sui pacchetti turistici e i servizi turistici collegati nell'esperienza italiana , in Responsabilità civile e previdenza , 2019, Part I, p. 1102, and Part II, p. 1422; and idem , The New Italian Regulation on Package Travel and Linked Travel Arrangements According to Directive 2015/2302/EU , in EuCML - Journal of European Consumer and Market Law , 2020, p. 93.