Liability in Package Travel: Commentary on Cass. civ., Section III, Order no. 1417/2023

The judgment of the Court of Cassation no. 1417 of 2023 offers relevant insights regarding liability in the context of package travel, highlighting the joint and several liability between travel agencies and tour operators. This is a highly topical issue, especially considering the increase in tourism-related disputes.

The Case at Hand

In this instance, the appellants, A.A. and B.B., parents of two minors, sought compensation for damages suffered due to a gastrointestinal infection contracted during a holiday at the Villaggio Club Capo Alaua. The Court of Appeal had initially excluded joint and several liability between the travel agency Gi.Ri.Do.Ro and the tour operator Polycastrum Viaggi Srl, stating that the agency was not liable for events it could not control.

The Court of Cassation upheld the appeal, emphasizing that liability in package travel is joint and several, for the protection of the consumer.

Principles of Liability under the Consumer Code

According to Legislative Decree no. 206/2005, known as the Consumer Code, the organizer and seller of package travel are liable for damages suffered by the consumer, unless they prove that the non-performance was caused by an event not attributable to them. The Court of Cassation reiterated that in an "all-inclusive" travel contract, the travel agency's activity is not limited to mere sales but implies an assumption of responsibility that requires qualified professional diligence.

Implications for Consumers

The decision of the Court of Cassation provides greater protection for consumers, establishing that:

• Liability between the travel agency and the tour operator is joint and several, facilitating access to compensation for damages suffered.
• The consumer can rely on the professionalism of both operators, who must guarantee the quality of the services offered.
• In case of disputes, it is up to the service providers to demonstrate that the non-performance does not stem from their conduct.

Conclusions

Judgment no. 1417/2023 of the Court of Cassation represents a significant step forward in protecting consumer rights in the tourism sector. Joint and several liability between travel agencies and tour operators ensures that, in case of damages, consumers can obtain justice and adequate compensation. It is crucial for industry professionals to comply with these provisions to avoid potential disputes and ensure quality service.