TOPIC 1. TOURISM LAW
1. The contents, characteristics and elements of Tourism Law.
• Difficulty in determining the concept of Tourism:
• It is a political, economic and sociological concept, not a legal one.
• It varies over time very quickly.
• There’s a need for a legal concept:
• To face the sector’s problems.
• To establish the policies on Tourism.
• To establish who is bound or authorized to act.
• Legal definitions of Tourism:
•New York Convention Concerning Customs Facilities for Touring (1954):
■“The term "tourist" shall mean any person without distinction as to race, sex,
language or religion, who enters the territory of a Contracting State other than
that in which that person normally resides and remains there for not less than
twenty-four hours and not more than six months in the course of any twelve-
month period, for legitimate non-immigrant purposes, such as touring,
recreation, sports, health, family reasons, study, religious pilgrimages or
business”.
•World Tourism Organization:
■The activities of persons traveling to and staying in places outside their usual
environment for not more than one consecutive year for leisure, business and
other purposes.
•The Spanish laws:
■Don’t give us a definition of tourism, they focus on the sectors regulated by the
laws.
■1963 Statute: son turísticos los “alojamientos, empresas, profesiones o
actividades, vinculadas al turismo, entendido como el movimiento y estancia de
personas fuera de su lugar habitual de trabajo o residencia”.
■The laws after 1978 Constitution: they focus on the tourist as a user (consumer)
of touristic services, despite their location or the place of residence.
1.1.Definition of Tourism Law
• The Law that regulates by statute and applies to the legal issues related to tourism as a
social and economic fact.
• It involves several disciplines in law (Civil and Commercial Laws, Tax Law,
Administrative Law, etc.).
• It is in narrow relation with other sectors also regulated by laws:
• Environment and urbanism
• Economy
• Cultural and historical heritage.
• Protection of consumers.
1.2.Contents.
