| مستخلص: |
The work, entitled «El arbitraje de consumo en defensa del consumidor-turista» (The arbitration of consumption in defence of the tourist-consumer), raises the suitability of arbitration of consumption as a hetero-compound method of resolution of conflicts in the field of private law between businesses or professionals and consumers having the status of tourist. The tourist, a vulnerable consumer for his immediate characteristics (away from his normal home, ignorant of the language and the judicial and administrative instruments of defence), requires a super protector from the Public Authorities competent in his defence, to which is added the importance of the tourist sector in the national economy. Caring for the tourist is to care for the leading figure in a source of income and social-economic and employment support of the first order. Therefore, from the consolidated Arbitration of Consumption System and with due cooperation and coordination between the autonomous and local consumption and tourist authorities, it is essential to articulate and introduce into the heart of the system rapid mechanisms for reparation, effective in guaranteeing the consumer rights of the tourist. Specifically, the territorial, subjective and objective ambits of application are defined, since the absence of confusion in applying the criteria of priority are established in relation with the consumer-tourists who are the beneficiaries of arbitration of consumption (where, for whom and in what cases), is the starting point for the success of the proposal. The other axis on which its efficiency rests, since in arbitration of consumption the appearance of the businesses is indispensable, is the acceptance of the systems by the latter, principally the tourist entities, as they supply the most basic services on which the tourist's stay is founded (accommodation, meals, information). Therefore, the basic proposal is to encourage arbitration between the business sector in general and the tourist in particular, and to this end the work and its conclusions are directed. [ABSTRACT FROM AUTHOR] |
