OVERVIEW

The course aims at giving student a thorough knowledge and understanding of the following subject matters: contract of carriage of passenger by sea, passenger maritime transport, infrastructures, travel and tourism contracts, hospitality contracts and yachting.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims at examining national, European, and international regulation on contract of carriage of passengers by sea, focusing on obstacles to contract performance and the carrier liability regime. Contract practice will be analysed. Additionally, travel and tourism contracts will be studied, considering travel package and cruise contracts. An in depth-analysis will be dedicated to traveller/cruise passenger protection scheme (insurance and guarantees). Hospitality contracts will be also examined. Furthermore, the main public and private aspects related to yachting and State-owned maritime property for tourism and recreational purposes will be analysed. Study activity will be undertaken in a critical structural approach methodology by exploring doctrine, jurisprudence, and practice. Legal issues having an important impact from an economic and social point of view will be considered. Successful students will be able to orient themselves within the course subject-matters and therefore be able to tackle 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 the contract of carriage of passenger by sea. General conditions of the contract, carrier liability regime according to National, European and International Law and obstacles to contract performance will be analysed. The second part will be devoted to study travel and tourism contracts, considering cruise, travel package and agent contracts. The tour operator and travel agent liability regimes and the traveller/cruiser protection scheme will be studied. Insurances, guarantees and indemnification schemes will be also considered. In the third part of the course hospitality contracts and the hotel-keeper liability regime will be dealt with. In the fourth part private and public aspects of yachting will be studied. Tourist and recreational use of the State-owned property will be also examined. The fifth and last part of the course, named "Jean Monnet Module EUTIMIST", is dedicated to the passenger maritime transport infrastructures, focusing on port passenger terminal. 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

There are no specific requirements.

TEACHING METHODS

The course "Maritime Passenger Transportation Law, Cruise and Tourism" provided by the Degree Course "Maritime and Port Economics and Management", code 8708 (LM-77), consists of 72 hours of frontal lectures given also by digital devices and internet according to the guidelines for teaching adopted by the University.

The course "Maritime Passenger Transportation Law, Cruise and Tourism" provided by the Degree Course "Modern Languages for communication and international cooperation", code 11974 (LM-38 R), consists of 36 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 organized also within the course will be encouraged.

Students with a certificate under It. Law 5 February 1992 n. 104, a disability certificate or a diagnosis of a Specific Learning Disorder (SLD), who have submitted the relevant documentation to the University's Student Support Services for Students with Disabilities or SLD, may request reasonable accommodations and/or alternative assessment arrangements for the exam. The request must be submitted for each exam by the application form that is available online on the University's dedicated webpage, at least seven working days before the scheduled exam date. The use of the requested accommodations and/or arrangements is subject to the authorization of the course’s lecturer, in accordance with the relevant Coordinator.

SYLLABUS/CONTENT

The "Maritime Passenger Transportation Law, Cruise and Tourism" course programme differs depending on the Degree Course in which the student is enrolled:

A) "Maritime Passenger Transportation Law, Cruise and Tourism" course programme for student enrolled in the Degree Course "Maritime and Port Economics and Management" (EMMP), code 8708 (LM-77)

The course programme for attending students and non-attending students is divided in the following fifth 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

-- Liability Regime

-- Insurance

-- Ruined Holiday Damage

- Cruise Contract

-- Content and Effects

-- Legal Classification

-- Regulation

Part III - Other Tourism Contracts

- Hospitality Contracts

- Hotel Contract

- - Hotelier's Liability Regime

Part IV - 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

The course programme is the same for both attending and non-attending students.

Part V - "Jean Monnet Module EUTIMIST"

- Passenger Maritime Transport Infrastructures

- Yachting Infrastructures

B) "Maritime Passenger Transportation Law, Cruise and Tourism" couse programme for student enrolled in the Degree Course "Modern Languages for Communication and International Cooperation", code 11974, (LM-38 R)

The course programme for attending students and non-attending students is divided in the following fourth parts:

Part I - Organized Tourism Contracts

- Contract Types

- Sources

Part I.1 - Travel Package Contract

-- Contents and Effects

-- Legal Classification

-- Regulation

-- Parties

-- Ruined Holiday Damage

-- Liability Regime and Guarantees

Part I.2 - Cruise Contract

-- Content and Effects

-- Carriage of passengers by sea

-- Legal Classification

-- Regulation

-- Parties

-- Liability Regime and Guarantees

Part I.3 - Travel Agency Contract

- Content and Effects

- Legal Classification

- Regulation

- Parties

- Liability Regime and Guarantees

Part II - Travel Agency

- Definition

- Online Travel Agency (OTA)

- Regulation

Part III - Hotel Contract

- Content and Effects

- Regulation

- Parties

- Hotelier's Liability and Insurance Regime

Part IV - "Jean Monnet Module EUTIMIST"

- Passenger Maritime Transport Infrastructures

- Yachting Infrastructures.

The course programme is the same for both attending and non-attending students.

RECOMMENDED READING/BIBLIOGRAPHY

Specific indications on study material related to course programme A and B will be given by the lecturer at the beginning of the lectures.

Students will be provided with instalments and extracts of publications in Italian and English language. In addition, they will be provided with documents related to the programme topics (for example, clauses, contract models, general conditions of contracts, measures, and judgements). For closer examination, publications will be made available in the University’s libraries at the student’s request. Study material will be also provided by AulaWeb online digital platform.

Students are recommended to look at the following books, which are available at the Library of Economics, University of Genoa:

M. Brignardello, I contratti del «turismo organizzato» e di crociera, Bari, 2023.

V. Franceschelli-F. Morandi, Manuale di diritto del turismo, Turin, 2022.

G. Marchiafava, Le assicurazioni e le garanzie nel contratto di pacchetto turistico, Pisa, 2026.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Lectures will start in the second semester.

To look at the academic calendar of the Departments of Economics: Academic Calendar

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 (duration: an hour and a half) 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. Student must pass the written exam to sit for the oral exam.

2. Midterm Exams and other activities (e.g., study project) related to parts of the course programme will take place. The midterm exams and other activites will be considered for the student final assessment until the end of the relevant academic year.

The midterm exams are reserved for attending students. Other activities (e.g. study project) are reserved for attending and non-attending students.

ASSESSMENT METHODS

Exame assessment will be carried out according to the following elements:

- mastery of the subject-matter

- analytic/critical capacity

- answer accuracy

- expository clarity.

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 further information and/or queries related to schedule offer, programme and activities of the course please send an e-mail to the lecturer (giovanni.marchiafava@economia.unige.it).

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

Students with a certificate under It. Law 5 February 1992 n. 104, a disability certificate or a diagnosis of a Specific Learning Disorder (SLD), who have submitted the relevant documentation to the University's Student Support Services for Students with Disabilities or SLD, may request reasonable accommodations and/or alternative assessment arrangements for the exam. The request must be submitted for each exam by the application form that is available online on the University's dedicated webpage, at least seven working days before the scheduled exam date. The use of the requested accommodations and/or arrangements is subject to the authorization of the course’s lecturer, in accordance with the relevant Coordinator.