LA PROTECCIÓN DEL TURISTAS EN LOS CONTRATOS DE CONSUMO: ENTRE DERECHO ITALIANO Y DERECHO QUEBEQUENSE

The tourist is certainly a vulnerable consumer, for this reason the countries have made regulations with a clear desire to protect tourist consumers, particularly in their relationship with organizers and travel agents. In this sense, Italy has approved a Tourism Code as part of the transposition of regulations from the European Union, and other legal realities, such as in the case of Quebec, this matter is regulated through the law for the protection of the consumer. A comparison between both systems is considered interesting to determine the similarities and differences and to be able to arrive, using the comparative method, to establish the causes of these relations. The similarities focus primarily on the presence of several analogous mechanisms for the protection of the tourist consumer, while the differences focus on the legislative technique adopted by each system. In Italy, the legislator seems to favor the creation of special laws, and for his part, in Quebec the principle of “deregulation” governs. The causes of these relations are historical, economic, political, and social, considering, in addition, the so-called will of the legislator. The comparative analysis highlights the need for international harmonization of consumer tourist protection and the application of internationally recognized principles for ethical tourism.