INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW accommodation in host families, flats and school residences which are shared by several language course participants. Sanitary facilities, common rooms and cooking facilities are also shared. Student residences, colleges and camps: This type of accommodation is usually only available during the holiday months. Students live on the campus, also here facilities and rooms are shared. But there are also sometimes guesthouses and hotels, this type of accommodation has than to be of the national catalogue standard. 5.2.5. ECJ statements on type of accommodation What does the European Court of Justice state in the AFS-jurisdiction regarding the type of accommodation? The European Court of Justice pointed out, that neither duration nor the type of the stay are solely decisive for the evaluation of the term “accommodation”. Rather, the European Court of Justice finds an overall evaluation of all criteria of the accommodation decisive. This means even a common hotel could serve residential purpose. It does not always have to be the host family to be residential. 5.2.6. German Literature on Residential Purposes German literature confirms this in regard to the evaluation of residential purposes. Three quotes: Residential purposes can be assumed: 1. if “the accommodation option is intended and suitable to enable the traveller to stay there permanently “, 2. if “the focus is on the stay for a specific or indefinite period” or 3. if “the place of stay is the centre one person’s life, even if only for a limited period of time”. 5.2.7. Conclusion In conclusion we often have good arguments for residential purposes. Accommodation provided with a language course serves the purpose of conducting the language course and is a necessary part of each combination. It serves the implementation of the educational aspect, which otherwise would not be possible. Students need to live somewhere during their stay abroad. Therefore, most accommodation provided by language travel providers – even those for “short-term” language courses – is not a travel service. The final distinction between accommodation for travel or residential purposes has always to be made “on the basis of an evaluation of the individual combination”.
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