CODE 102032 ACADEMIC YEAR 2022/2023 CREDITS 9 cfu anno 2 ECONOMIA E MANAGEMENT MARITTIMO E PORTUALE 8708 (LM-77) - GENOVA SCIENTIFIC DISCIPLINARY SECTOR IUS/06 LANGUAGE Italian TEACHING LOCATION GENOVA SEMESTER 2° Semester TEACHING MATERIALS AULAWEB OVERVIEW The course aims at giving student a thorough knwoledge and understanding of the following subject matters: contract of carriage of passenger by sea, passenger maritime transport infrastructures, travel and tourism contracts, hospitality contracts, state owned maritime property used for touristic and pleasure purpose, and 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. Furthermore, the main public and private aspects related to yachting will be examined. Legal issues having an important impact from an economic and social point of view will be also 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 the passenger maritime transport infrustructures,focusing on the port terminal and the role and the functions of terminal operator. The third part will be devoted to the study travel and tourism contracts, considering cruise and travel package contracts. Traveller rights and protection, and ruined holiday damage will be considered. In the fourth 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 fifth 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 - Passenger Maritime Transport Infrastructures - Port Terminal - - Terminal Operator Part III - Organized Tourism Contracts - Travel Package Contract -- Contents and Effects -- Regulation -- Parties -- Liability Regime -- Ruined Holiday Damage - Cruise Contract -- Content and Effects -- Legal Classification -- Regulation Part IV - Other Tourism Contracts - Hospitality Contracts - Hotel Contract - - Hotelier's Liability Part V - Yachting - General Aspects - Liability Regime - Insurance - Administrative Regime - Yachting Contracts - Professional Figures - - Yacht Broker - 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 GIOVANNI MARCHIAFAVA Ricevimento: Office hours will take place on Wednesday from 11:30 p.m. to 13:30 p.m. by appointment, sending an email to the lecturer. Office hours can take place online in cases of student's special necessity by appointment according to a timetable agreed together with the lecturer. Please send an e-mail to: giovanni.marchiafava@economia.unige.it. Office Hours will be held according to the guidelines for teaching adopted by the University. 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 1. 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. 1.1 Written Exam will consist of three open questions related to topics of the course programme. 1.2 Oral Exam will consist of a discussion on the topics that the student dealt with in the written test. 2. 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 Data appello Orario Luogo Degree type Note 10/01/2023 12:00 GENOVA Scritto 17/01/2023 09:00 GENOVA Orale 25/01/2023 12:00 GENOVA Scritto 01/02/2023 09:00 GENOVA Orale 08/02/2023 12:00 GENOVA Scritto 15/02/2023 09:00 GENOVA Orale 11/05/2023 12:30 GENOVA Scritto 05/06/2023 08:30 GENOVA Scritto 12/06/2023 08:30 GENOVA Orale 21/06/2023 12:00 GENOVA Scritto 28/06/2023 09:00 GENOVA Orale 05/07/2023 12:00 GENOVA Scritto 12/07/2023 09:00 GENOVA Orale 06/09/2023 12:00 GENOVA Scritto 18/09/2023 09:00 GENOVA Orale FURTHER INFORMATION Other Information Students are invited to enrol in the AulaWeb e-learning online platform to access to study material and further information related to the course. 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.