Checking date: 05/05/2025 19:59:30


Course: 2025/2026

Private law in tourism
(17595)
Bachelor in Tourism (Study Plan 2017) (Plan: 381 - Estudio: 209)


Coordinating teacher: VEGA JUSTRIBO, BARBARA DE LA

Department assigned to the subject: Private Law Department

Type: Compulsory
ECTS Credits: 6.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
Students of the subject of contracts in the tourism sector may lack the necessary knowledge, which justifies the introduction of a first lesson on the concept and sources of commercial law, and the legal concept of a tourism company. In this subject, contracts of special interest from a tourism point of view are studied, as well as others of interest from the perspective of business management. Furthermore, given that the provision of tourist services usually involves the establishment of contractual relations between entrepreneurs and consumers, through the conclusion of adhesion contracts, it is necessary for the student to know the rules that regulate contracts with general conditions, as well as the general rules on consumer protection. Thus, this subject studies, firstly: the formation of the contract of adhesion, and the rules of consumer protection in contracting. Secondly, the specific types of contract detailed in the syllabus of the subject, among which the following stand out: the rental of tourist accommodation and the rental of vehicles, tourist intermediation contracts, the franchise contract, the passenger transport contract, with special emphasis on the liability of airlines and transport companies, the package travel contract with special reference to the liability of travel agencies; the contract for the assignment of rights of use by rotation; and other typical tourist contracts such as accommodation or catering. It includes the study of the out-of-court resolution of conflicts in the field of tourism activity, both between business people and between business people and consumers.
Objectives
Make the students able to apply the knowledge acquired, and their ability to solve problems in environments that are new or little known within broader contexts (or multidisciplinary) related to their field of study, Private Tourist Law: Understand the multidisciplinary nature of the legal order and the necessarily interdisciplinary approach to legal problems. Ability to understand the advisory role in the broader transnational environment. Designing an advisory program for measures of international legal compliance, as a result of the identification, planning, and mitigation of risks arising from the undertaking of legal affairs. Capacity to understand the economic implications of legal decisions LEARNING RESULTS: After taking this course the student will be able to: -To describe the basic institutions of Private Tourist Law. -To explain the essential regulation Private Tourist Law. -To draw a global view of Private Tourist Law. -To describe the organization and workings of the essential concepts of Private Tourist Law. -To design, plan, and put in practice the legal strategy according to compliance rules.
Learning Outcomes
K3: Know the regulatory peculiarities that allow them to foresee the economic consequences that may arise from non-compliance with the corresponding regulations that they will have to face in their professional activity S7: To offer viable and legally founded solutions to problems specific to the different areas of law (civil, administrative, labour, commercial, etc.) applicable to the field of tourism activities.
Description of contents: programme
Tourism contracts Degree in Tourism PROGRAMME Lesson 1: Commercial law and personal elements in tourism contracts 1. Concept, content and sources of commercial law. The economic constitution: freedom of enterprise. 2. The entrepreneur 2.1. Concept of entrepreneur and types of entrepreneurs. The different types of companies and the process of incorporation in the field of tourism. 2.2. The entrepreneur and his legal regime. Accounting and commercial registration. 2.3. Civil liability of the entrepreneur 2.4. The company and the business within it. Timetable: 2 theory classes and 1 practical class. Lesson 2: Consumer and user law (tourists) in tourism contracts. 1. Consumers and users (tourists) 2. Basic consumer rights 3. 3. Consumer contracts 4. General terms and conditions and unfair terms 5. Particularities of distance contracting, off-premises contracts and consumer credit. Guarantees 6. Dispute resolution in the tourism sector: between entrepreneurs and between entrepreneurs and consumers. Programme: 2 theory lessons and 2 practical lessons. Lesson 3: General theory of obligations and commercial contracts. 1. The commercial nature of contracts 2. General theory of obligations and commercial contracts. 3. International commercial contracts 4. Classification of commercial contracts Timetable: 1 theory class and 1 practical class. Lesson 4: Partnership contracts 1. The commission contract 2. Intermediation contracts 3. Agency contracts 4. Distribution and concession contracts 5. Franchise contracts 6. The advertising contract Programme: 3 theory classes and 2 practical classes. Lesson 5: Electronic contracting in the tourism sector 1. Electronic contracting in the tourism sector Timetable: 1 theory class and 1 practical class. Lesson 6: Contractual figures in the tourism sector (I) 1. Contracts relating to accommodation and tourist activities 2.1. Accommodation contracts 2.2. Individual booking contracts and accommodation quotas 2.3. Contracts for hotel management 2.4. Contracts between hotels and agencies 2.5. Contracts between hotels and agencies 2.6. Catering contracts Timetable: 3 theory classes and 2 practical classes Lesson 7: Contractual figures in the tourism sector (II) 1. The contract of carriage. 2. Particularities of the passenger transport contract. 2.1. Special consideration of the travel agency. 3. The air charter contract. 4. Insurance contract. Special features of the tourism sector. Timetable: 1 theory class and 1 practical class. Lesson 8: Contractual figures in the tourism sector (III) 1. Package travel contract Timetable: 2 theory lessons and 2 practical lessons.
Learning activities and methodology
The course is recognised for a total of 6 ECTS. The practical part will represent 60% of the ECTS and the theoretical part the remaining 40%. As for the teaching methodology, in addition to the theoretical classes, there will be numerous practical cases (drafting contracts, analysis of their content, comments on sentences, participation in work, etc.) that will allow students to apply the knowledge acquired to problems that may arise in professional practice. Weekly tutorials, both individual and collective, will complement the students' training. As in previous years, in addition to the compulsory activities mentioned above, there are other voluntary activities. Complementary activities are part of the learning process of the subject. Among them, and on a voluntary basis, students will be able to participate in an experiment in which they will learn first-hand how behavioural aspects affect the techniques explained in the course.
Assessment System
  • % end-of-term-examination/test 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60

Calendar of Continuous assessment


Extraordinary call: regulations
Basic Bibliography
  • AURIOLES MARTIN, Adolfo J.. Introduccio¿n al derecho turi¿stico :derecho privado del turismo . Tecnos. 2005; consultar último año y edición
  • POZO MOREIRA, Francisco Javier. Derecho de la contratación turística y de los eventos: manual de la asignatura. Dykinson. 2019

The course syllabus may change due academic events or other reasons.