Community Tourist Arbitration: the ODRS

Javier Pagador López, José Manuel Serrano Cañas

Abstract


Tourism is an activity of great importance in Europe. The removal of intra-Community borders and free movement of people in Member States meant a shock of tourism in the Community. The tourist protection is achieved not only through adequate rules, but also, by incorporating an effective enforcement system. In this sense, judicial systems in the different EU countries show a lack of aptitude in order to resolve disputes arising in tourist consumers. This produces a contradiction between an increased demand for the service of justice and a failure in the adaptation the judicial system to the demands of society to obtain rapid and economic judgment, particularly for conflicts of ephemeral amount. For this reason, they have mushroomed alternative methods of dispute resolution (ADR). But neither the ADR are effective in resolving the conflicts in the tourism sector. The solution seems to come from the application of technological media to ADR: online dispute resolution. In this regard, the European Community (by two rules: Directive 2013/11 / EU and Regulation 524/2013) has acknowledged the creation of a system of online arbitration. The objective of this paper is the study of ODRs as a tool for resolving conflicts in tourism sector. 


Keywords


tourist consumer, arbitration, online dispute resolution

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