OVERVIEW

The course aims at studying the contract of carriage of passenger by sea, the main travel and tourism contracts, and private and public legal aspects relate to yachting.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims at examining the national, European, and international regulation on the contract of carriage of passengers by sea, focusing on the obstacles to contract performance and the carrier liability regime. A comparative analysis of other modes of transport will be carried out. Additionally, travel and tourism contracts will be studied, considering cruise and travel package contracts. Legal issues having an important impact from an economic and social point of view will be dealt with. All the studies will be undertaken in a critical structural approach methodology by treating doctrine, jurisprudence, and maritime practice. Successful students will be able to orientate themselves through the subject-matters considered during the course and therefore be able to tackle the relevant legal issues by taking into consideration the most valid solutions.

AIMS AND LEARNING OUTCOMES

The first part of the course is devoted to examining the main private legal aspects related to contract of carriage of passenger by sea. National, European, and International regulations on this contract will be analysed, focusing on the obstacles to contract performance and the carrier liability regimes. A comparative analysis of other modes of transport will be carried out. Furthermore, passenger rights and protection will be treated. The second part of the course is dedicated to study travel and tourism contracts, considering cruise and travel package contracts. Traveller rights and protection, and ruined holiday damage will be considered. In the third part of the course hospitality contracts and tourism rental contract will be dealt with. Regulation and respective main professional figures will be focused. In the fourth and last part of the course private and public aspects of yachting will be examined. Legal issues having an important impact from an economic and social point of view will be dealt with. All the studies will be undertaken in a critical structural approach methodology by treating doctrine, jurisprudence, and maritime practice. Successful students will be able to orientate themselves through the subject-matters considered during the course and therefore be able to tackle the relevant legal issues by taking into consideration the most valid solutions.

PREREQUISITES

No prerequisites.

TEACHING METHODS

The course consists of 72 hours of frontal lectures given also by digital devices and internet according to the guidelines for teaching adopted by the University.

Tutorials devoted to analysing the main case law and its impact on the maritime practice will tale place during the lectures.

Within the course seminars and/or webinars will take place also in English to focus on programme’s subject-matters. Seminars and/or webinars will be given by invited experts and representatives of the main private and public bodies, associations, authorities, institutions, and organizations which are involved in passenger maritime transport, tourism sector and yachting at National, European, and International level. Seminars/Webinars’ Calendar will be provided to students.

Student will be required on a voluntary basis to examine legal issues agreed with the lecturer according to the course programme. The study activity can be undertaken by the student individually or in working group. The results of this activity will be presented and discussed together with the lecturer and/or maritime operators during lectures or seminars. Student will be given a merit towards the part of the course programme related to the legal issues examined.

Student interactive attendance at lectures and other academic activities of the course will be encouraged.

SYLLABUS/CONTENT

The course programme is divided in the following fourth parts:

Part I - Contract of Carriage of Passenger by Sea

- Contract of Carriage of Passenger by Sea

-- Contract of Carriage of Passenger: General Aspects

-- Content and Features

-- Carrier’s Obligations

-- Passenger’s Obligations

-- Obstacles to Contract Performance and Delay

-- Passenger Rights and Protection

-- Carrier Liability Regime

-- Carrier Limitation Liability Regime

-- Carriage of Luggage

-- General Terms and Conditions

Part II - Organized Tourism Contracts

- Travel Package Contract

-- Contents and Effects

-- Regulation

-- Parties

-- Organizer and Retailer Liability Regime

-- Ruined Holiday Damage

- Cruise Contract

-- Content and Effects

-- Legal Classification

-- Regulation

Part III - Other Tourism Contracts

- Hospitality Contracts

Part IV - Yachting

- Yachting: General Aspects

- Yachting Contracts

- Professional Figures

- Concessions of State-owned Maritime Property Used for Touristic and Recreational Purposes

- Bathing Services Contract

- Yachting Facilities

RECOMMENDED READING/BIBLIOGRAPHY

Instalments and extracts of publications in Italian and English language will be provided for the students enrolled in the course. In addition, documents related to the programme topics will be provided to course students and analysed (for example, clauses, contract models, general conditions of contracts, measures, and judgements). For closer examination of the issues examined, publications in the University’s libraries, will be made available on request to students. Study material will be also provided by AulaWeb online digital platform.

TEACHERS AND EXAM BOARD

Exam Board

GIOVANNI MARCHIAFAVA (President)

MONICA BRIGNARDELLO

LESSONS

LESSONS START

Lectures will start in the second semester.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

- Final exam will consist of a written test and a discussion about the test results. The final exam will take place according to the guidelines for teaching adopted by the University.

- - Written Exam will consist of three open questions related to topics of the course programme.

- - Oral Exam will consist of a discussion on the topics that the student dealt with in the written test.

- Midterm Exams related to parts of the course programme will take place.

ASSESSMENT METHODS

Exam assessment will carried out according to the following elements:

- mastery of the subject-matter

- analytic/critical capacity

- answer accuracy

- expository clarity

Exam schedule

FURTHER INFORMATION

Thesis

Attendance is a requirement for the assignment of the thesis in Maritime Passenger Transportation Law, Cruise and Tourism.

For the thesis's assignment: (i) exam grade not less than 26/30 and (ii) grade average of passed exams not less than 26/30, would considered an asset.

Thesis's application must be sent by student to lecturer by email. In the application it must indicated the following information: name, surname, matriculation number, passed exams, grades, grade average and foreign languages.

For further information please see AulaWeb e-learning platform (www.aulaweb.unige.it).

Other Information

Students are invited to enrol in the AulaWeb e-learning online platform to access to study material and further information (www.aulaweb.unige.it) to access study material and information related to the course programme.

Student are advised to look periodically at the AulaWeb e-learning online platform to be updated.

For queries related to the programme and the activities of the course please send an email to the lecturer (giovanni.marchiafava@economia.unige.it).

Erasmus students can attend the course regardless of their degree course.

Students with specific learning disorders (DSA), disabilities and any other specific formative need, are advised to contact at the begining of the course the lecturer to agree teaching modes according to the course's formative objectives, considering individual learning modes and provinding adequate compensatory devices.