La limitazione in favore dell'albergatore

The article focuses on the regime of limitation of the hotel-keeper’s liability according to Italian Law that has implemented the 1962 Convention on the liability of hotel-keepers concerning the property of their guests. Accommodation is a service included in the travel package. Cruise contract is a sui generis travel package. According to the Italian tourism code, insofar as international conventions binding Italy and European Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a travel service which is part of a package, the same limitations apply to the organiser. The Italian Civil Code establishes that the hotel-keeper is liable for any damage or destruction, or loss of property brought to the hotel by any guest who stays at the hotel and has sleeping accommodation put at his disposal. The amount of the compensation of damages suffered by the client is limited to one hundred times the daily charge for the room. The parameter for calculating the limitation of compensation is the daily charge for the room. This parameter avoids inflationary issues and makes accommodation’s service proportionate to risk. The hotel-keeper unilaterally fixes the daily charge for the room. He does not establish the limitation of compensation. This limitation is a legal effect that reflects the pre-eminent interest to promote hotel activity and similar activities, avoiding costs to prevent any damages to hotel-keeper’s client.