International Journal of Tourism, Travel and Hospitality Law The additional prohibitions listed in paragraphs 2 and 3 of Article 12 are directed first at those who do not obtain the title; therefore, they cannot make any use of cards or other distinctive signs that may confuse users about qualifications; secondly, these prohibitions are aimed at other operators in the tourism industry. In fact travel agencies, tour operators, and any other intermediaries are prohibited from using, even through the use of digital platforms, individuals who are not registered in the national list for the performance of activities typical of tourist guides. This makes it mandatory to indicate the registration number in the national list of the tourist guide providing the service. This requirement will, therefore, enhance the list of informational obligations to be provided to the traveler purchasing an all-inclusive package, as established by Article 34, pre-contractual information obligations, of the Tourism Code. 5. Conclusions The recent law on tour guides must be evaluated positively not only for having clarified an unclear and complex discipline but especially for having created it. The normative vacuum that arose following the reform of Title V of the Constitution, with the attribution of legislative competencies in the field of tourist professions to the State, together with the complex relationship with European legislation, had created a stalemate to the disadvantage of aspiring guides, who for years could not access the qualification procedures. Indeed, thanks also to community regulations, we found ourselves facing a nationalized guide, regulated by regional laws. The provision in question, therefore, intervened with the aim of defining a uniform professional system and a homogeneous standard of performance levels, as well as a tool to combat illegal practices. It is the result of collaboration between the legislator and various representatives of the profession, whose requests have been duly taken into account. The result is an expansion of the operational scope of guides, with strengthened competencies and knowledge (extended at the national level), including linguistic skills that are now indispensable. Simultaneously, they are assigned a role in guaranteeing and educating the public about the preservation of cultural heritage. Thus, the guide seems to officially become the ultimate tourism profession, actively ensuring the protection of the heritage it illustrates. However, the levelling of competencies among national guides, which would place them all on the same level, is immediately undermined by the introduction of specializations. It is with these specializations that guides can hope to have a competitive advantage, at least within their specific expertise. However, the risk is evident. Considering the history of these professionals, who were never truly free in the past to work throughout the national territory, it is crucial that specializations are not perceived by the market (the real decision maker) as necessary for the presentation of certain places or areas. Instead, they should be regarded in their true essence, as additional elements. Moreover, it should not be forgotten that the choice of a guide will also be determined by factors that the law in general, therefore also the one just enacted, cannot take into account. In addition to skills, knowledge, language abilities, and professionalism (which must be guaranteed by the qualification), what makes a guide a good one are empathy, presentation skills, and the ability to keep a high level of attention, thus effectively conveying knowledge. In practice, this represents the real lever with which one can effectively illustrate heritage and educate a listener. It will once again be the market to decide who is good and who is not, not only based on the number of specializations acquired. If, in theory, the general framework of the law can be considered more than positive, the absence of implementing decrees at the time of writing does not allow us to judge its practical implementation. legal system. As a result, sicilian regional law no. 8 of 2004 cannot be considered illegitimate for an alleged violation of Article 6 of the Tourism Code, insofar as it considers the two activities of guiding and tour leading as distinct. For an analysis of the pronunciations see C. Tincani, Recent judicial interventions on the regulation of the professions of tourist guide and tour escort (Recenti interventi giurisprudenziali sulla regolamentazione delle professioni di guida e di accompagnatore turistici), in Riv. it. dir. tur, 2018, 24, p. 434 and seq-
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