Gli Obblighi informativi in materia di contratto di viaggio: dalla disciplina generale del contratto alla normativa dell'unione europea

The information obligations regarding travel contracts have undergone a profound evolution in recent years with respect to the general regulation of the contract, due to the intervention of the European Union legislation on consumer protection and tourist packages and related tourist services. As a result, the duty of information, which was previously an unwritten general rule of conduct, substantially implementing the duty of good faith and fairness referred to in articles 1175 and 1375 of the civil code, becomes a protection openly provided in favour of the weak consumer against contractual asymmetry and risk of abuse of power by the professional. Thus, we can witness a proceduralization of the information which becomes an explicit rule, according to rules that set out its content and form in detail and which are qualified as mandatory by the most recent European legislation. The recent directive 2015/2302 / EU and the Legislative Decree n. 62/2018, transposing the directive into the national legal system, indicate in detail the information that must be provided in the travel contracts, as defined therein, laying down rules of mandatory nature. In this way, the legal framework paves the way, in case of violation, to contractual remedies such as “virtual” nullity , that were previously categorically excluded from the prevailing legal doctrine doctrine and case law .