INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 3. CIVIL LIABILITY PROFILES It follows from the above that artificial intelligence has been incorporated into many different areas of the travel and tourism industry, making lives easier for travelers around the globe. The European Union in recent years has published a huge number of acts focused on and dedicated to artificial intelligence. Just to give some examples, the following can be mentioned in the past two years: a White paper on AI: a European approach to excellence and trust (2020)16; a Resolution with recommendations to the Commission on a civil liability regime for AI (2020)17; a Resolution on a framework of ethical aspects of artificial intelligence technologies (2020)18; a Proposal for a Regulation laying down harmonized rules on AI (2021)19; a public consultation on civil liability – adapting liability rules to the digital age and AI (2021)20; a Resolution on AI in a digital age (2022)21; last, but not least, a Proposal for an AI liability Directive22, which therefore apparently supersedes previous acts on the topic of liability. Now, to connect the topic of civil liability to that of the use of AI systems23 in tourism, it is worth considering a couple of the case cited above. Incidentally, 16 The text is available at the link: https://ec.europa.eu/info/files/white-paper-artificial-intelligence-european- -approach-excellence-and-trust_en. 17 The text is available at the link: https://www.europarl.europa.eu/doceo/document/TA-9-2020-0276_EN. html. 18 The text is available at the link: https://www.europarl.europa.eu/doceo/document/TA-9-2020-0275_EN. html. 19 This proposal is known as “artificial intelligence act” (o AIA), the text is available at the link: https://digital- -strategy.ec.europa.eu/en/library/communication-fostering-european-approach-artificial-intelligence 20 The text is available at the link: https://ec.europa.eu/info/law/better-regulation/have-your-say/ initiatives/12979-Civil-liability-adapting-liability-rules-to-the-digital-age-and-artificial-intelligence_en. 21 The text is available at the link: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0140_EN. html. 22 The text of the proposal is available at the link: https://ec.europa.eu/info/business-economy-euro/doing- -business-eu/contract-rules/digital-contracts/liability-rules-artificial-intelligence_en. 23 It has to be considered, among other things, in close connection with the issue of liability, that some scholars attribute legal personality to artificial intelligence systems. On the issue of recognition of legal personality, Pagallo, U. (2013) The Laws of Robots, Springer; Sartor, G. (2009) ‘Cognitive automata and the law: electronic contracting and the intentionally of software agents’, Artificial Intelligence Law, 17(4), pp. 253-290; Teubner, G. (2016) ‘Rights of Non-Humans? Electronic Agents and Animals as New Actors in Politics and Law’, Journal of Law and Society, 33/2016, pp. 497-521. In the opposite direction, however, Bertolini, A., Aiello, G. (2018) ‘Robot companions: A legal and ethical analysis, Information Society, 33(4), pp. 130-140; Bertolini, A. (2013) ‘Robots as Products: The Case for a Realistic Analysis of Robotic Applications and Liability Rules’, Law, Innovation and Technology, 1/2013, pp. 214-247.
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