The contract to whom it may concerns in tourism sector

Differently from the contract in favour of third parts, the contract about the insurance on behalf of the person, provided by art. 1891 cod. civ., envisages a scheme according to which the rights deriving from the contract are to the insured, whereas the obligations arising from the same contract must be fulfilled by the contractor, except for those which by their own nature can be fulfilled only by the insured. Therefore, none of these two parties may be considered a third part in relation to the insurance contract because, in the case of the contract on behalf of the part, the rights of the insurer’s counterpart break out and fall partly to the contracting parts, and insured subject. It is an instrument of private autonomy which deserves legal protection even for the contracts which are not just related to the insurance (and different from insurance), in particular for those contracts concluded by the tour operator with primary service providers in order to assemble the various components of a package tour (transport, accommodation, participation in cultural events or other). In such cases, there is a disaggregation between the contractor (tour operator) and the user of the service (tourist) of those prerogatives which are the responsibility of the provider’s counterpart: the clear justification of that disaggregation is in the contract between the tour operators and the tourists (organized trip), related to a service contract, whereby the tourist recognizes the advantage of having a unique counterpart, responsible for the organization of the organized travel, intended as a unitary result.

Diletta Boga, Il contratto per conto di chi spetta nel settore del turismo in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 20-21/2017, pp 242-274, DOI: 10.3280/DT2017-020004