Tourism Law in Europe

8 6. Travel Agencies The organisation and brokering of tourist services are also regulated in Italy on a regional basis 13 . In general, travel agencies are undertakings that carry out (including online-only) the production and organisation of travel, stays or cruises, for individuals or groups, the brokerage of these services or both, being subject to obtaining a specific regional license. Other activities or tourist services provided by travel agencies include:  the assistance and reception of tourists;  organising excursions, booking accommodation or catering services;  renting cars or other means of transport;  selling tickets for shows, fairs and events;  providing information on and promoting tourist initiatives;  organising conference services and fairs; and  issuing policies to cover travellers’ risks. It is worth mentioning that travel agencies may not have the same name of an Italian Municipality, Province or Region, or the same or similar to that of other agencies operating on national territory. The companies’ financial capacity is compared to the minimum capital for limited liability companies, being required to take out an insurance policy to cover liability towards customers. In addition, they must have insurance coverage or a bank guarantee or participation in private funds for the reimbursement of the price and the return of tourists in case of bankruptcy or insolvency of the organiser or the intermediary 14 . Moreover, the management of travel and tourist agencies must be entrusted to a person in possession of specific technical-professional skills, proven by the owner’s registration in the list of technical directors or by the appointment of a technical director. Finally, the Region is responsible for exercising administrative functions, supervising and monitoring travel and tourist agencies and imposing penalties in the event of violations of the laws governing the activity. 13 For an analysis of the evolution of the regulatory framework and the regional legislation in this field, see Maurizio MALO & Antonella PERINI, Agenzie di viaggio e turismo , in Vincenzo FANCESCHELLI & Francesco MORANDI, Manuale di diritto del turismo , op . cit ., p. 177. 14 The obligation is set out in article 50(2) of the Tourism Code, implementing article 17 of Directive (EU) 2015/2302 of 25 November 2015 on package travel and linked tourist services.

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