International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW which it is the bearer, in a dimension no longer merely “local” and in full respect of the concept of sustainable tourism33. A tourism, that is, which must be able to offer a service that integrates perfectly with the territory, with the consequence that even areas affected by social, structural and economic problems, thanks to this way of doing sustainable business, can return to being alive. In addition, the tourist becomes the essential part of the host community, the protagonist, without which it would not make sense to carry out the project. The tourist enterprise, therefore, should not be understood as a mere means to be used to offer a service by paying a fee (more or less adequate), but as a tool capable of generating widespread economic and social benefits, since the tourist performance becomes valuable, having to understand all the aspects that are part of a quality tourist service, namely: land management, authenticity, redevelopment of the architectural heritage – historical – artistic and balance between materiality and immateriality34. From a normative point of view, however, such a way of “doing tourism business” seems (apparently) to find its own impetus in a measure, dated 8/1/2013, with which the Presidency of the Council of Ministers has regulated the conces-The Commission has decided to grant grants under the “de minimis” aid scheme to business networks between companies operating in the tourism sector. A rule whose rationale is, of course, to recognize forms of tax/contribution incentive (in this case) to economic operators, which achieve the objective of business concentration in the reference territories by reducing, in this way, both the supply chain and the local offer of the tourism sector. Business networks, in fact, find their discipline in art. 3, paragraph 4-ter, of Law 9 April 2009, n. 33 (of conversion of the D.L. 10 February 2009), as amended by the D.L. of 31 May 2010, n. 78 converted into Law 30 July 2010, n. 122, in which it is expressly provided that “more entrepreneurs, in order to increase, individually and collectively, their innovative capacity and their competitiveness in the market”, can be forced “to cooperate in predetermined forms and areas relevant to the operation of their 33 According to the “Charter for sustainable travel of the Italian Association of Responsible Tourism – AITR”, responsible tourism: “It is a way of travelling that is characterized by the awareness of oneself and of one’s own actions, of the realities of the destination countries, of the possibility of a meditated choice, therefore different. It’s an ethical and conscious journey that meets people, nature with respect and availability. A journey that chooses not to endorse destruction and exploitation, but that is the bearer of universal principles: fairness, sustainability, tolerance.” 34 According to the OMT “Cultural tourism... [as a particular form of sustainable tourism] can encourage the revival of traditions and the restoration of sites and monuments. But unbridled tourism can have the opposite effect... there is a risk that the boom in cultural tourism [involving too many people] may [cause] their own destruction by eroding the same cultures and sites”.