Voyage contract and non refundability of the damage for minor disruptions
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Mariafrancesca Cocuccio
Publishing Year 2018 Issue 2017/19 Language Italian
Pages 24 P. 73-96 File size 196 KB
DOI 10.3280/DT2017-019004
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With the ruling in comment, the Bologna Court of Appeal addressed the issue of the responsibility of the tour operator and the ruined holiday damage and decided that its compensation implies the need to overcome a certain degree of offense, envisaged in the seriousness of the injury. The severity of injury and the seriousness of the damage filter reduce the balance between the principle of solidarity towards the victim and that of tolerance, with the consequence that compensation for non-pecuniary damage is only due if the tolerance level is exceeded and injury is not futile
Mariafrancesca Cocuccio, Contratto di viaggio e non risarcibilità del danno per lievi disservizi in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 19/2017, pp 73-96, DOI: 10.3280/DT2017-019004