The use of artificial intelligence in the travel and hospitality industry. Civil liability profiles by Caterina del Federico IJTTHL PRE-PRINT

The use of artifcial intelligence in the travel and hospitality industry. Civil liability profles Caterina del Federico, Italy, University of Bologna 1) A brief introduction This contribution will develop through some questions having a pivotal role in artifcial intelligence debate and on its use in the feld of tourism. The approach used is that of the jurist; thus, the acts issued in recent years by the European Union will be primarily considered to answer the various proposed questions. Certainly, this brief paper does not presume to provide defnite answers in the face of an issue that raises so many questions; rather, an attempt is made to raise some critical issues and provide some insights As normally happens, new phenomena are matched by new legal issues. Preliminarily, there is a question of whether there is a defnition of artifcial intelligence . In a second 1 step, the relevance of artifcial intelligence systems in the tourism industry will be demonstrated through some concrete examples. Finally, the most critical point will be raised: who is responsible for the damages produced by an artifcial intelligence system? What is the applicable liability regime? Therefore, the issue of civil liability will be analyzed, an issue on which uncertainty reigns and on which there is a proliferation of acts by the European Union. 2) What is artifcial intelligence First, there is the question of what is meant by the term “artifcial intelligence”. Frequently, in fact, the term is used inappropriately. For example, when reading the legal doctrine on the subject, one notices that some authors indiscriminately use the term artifcial intelligence and the term blockchain, or the term artifcial intelligence and the expression internet of things. It seems appropriate to provide clarity and identify a fxed point from which to start. On these profles and for a review of the diferent meanings the expression has taken on over the years 1 see, among many contributions, Floridi, L., Cabitza, F. (2021) L’intelligenza artifciale. L’uso delle nuove machine, Bompiani, Milano. On the practical and case history level see also Rothman, D. (2018) Artifcial Intelligence By Examples: Develop Machine Inteligence From Scratch Using Real Artifcial Intelligence Use Cases, Packt Publishing, Birmingham, UK. 1

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