The art. 47 of Legislative Decree 79/2012 (Tourism Code) defines "damage from a ruined holiday" as "compensation for damage related to the vacation time unnecessarily spent and the unrepeatability of the lost opportunity", provided that the default is "of no small importance".
The "spoiled holiday damage" represents an item of non-pecuniary damage (in this case biological damage, moral damages and existential damage) to be added to the damage suffered by the traveler / tourist (for example: cancellation of the flight, loss / damage to the Baggage, airplane flight delays even in the case where it resulted in the loss of a coincidence with the need to buy another air ticket or stay overnight at the hotel).
There is a "spoiled holiday damage" in all cases where vacation instead of being a source of pleasure and relaxation for the traveler / tourist represents stress, psychological distress, psychophysical discomfort and suffering.
Of the "spoiled holiday damage" the organizer, the tourism operator who sold the traveler / tourist to the all-inclusive tour package, usually responds to the organizer, which usually includes multiple services (choice of air carrier or land; Reservation of the train or bus, choice of the hotel and its services offered (food and lodging, gym, spa, swimming pool, beach equipped), excursions and organized tours, guided tours, etc.).
The tourism operator's liability is borne when the services provided with the "all inclusive" travel package (tourist package or package) are not actually made to the tourist or are made with qualitative and quantitative parameters lower than those agreed and all this is the cause Stress, psychological distress, psycho-physical discomfort and suffering.
The soccorsoalvolo.it legal aid team assists the traveler / tourist victim of "spoiled holiday damage" free of charge for the compensation of both property damage and non-pecuniary damage.
As the "spoiled holiday damage" is a contractual damage the soccorsoalvolo.it legal counseling team advises travelers / tourists to keep the "all inclusive" travel package (travel package or package) and all holiday documentation ( Flights, train tickets and tickets, excursion tickets, organized tours and guided tours), as well as photographs of places (hotel rooms, swimming pool, spa, beach, etc.) that prove the failure of the hotel Organizer in terms of non-coincidence between the contract and the services offered.
Of Avv. Domenico Lateana