Sustainable Tourism Law
AIRPORT, CIVIL AVIATION AND TECHNOLOGY LEGAL RELATIONSHIP 789 V. AIRPORTS AND TOURISM. A NEW DIMENSION OF THE AIRPORT LEGAL RELATIONSHIP Tourism is the other industry whose knowledge should be deepened from the legal world of civil aviation, both from the aeronautical and from the airport 32 . We have already seen how the airport legal relationship begins to have edges and links with a variety of other legal relationships and legal regimes that previously was very difficult to link. Among them the tourist and the tour operator. With the arrival of technology, contracting by internet, the depersonalization of legal relationships, the traditional ignorance of passengers 33 of their rights is aggravated. This requires, in our opinion, to deepen the techniques and modalities with which the State regulates its protection. In that context, we ask ourselves: What happens when a travel agency is involved in the organization of the trip? How do you access to accurate and up-to-date information of the benefits of airlines, consumers who hire a trip in a travel agency, whether or not through the internet? This common practice includes contracts with tourists of different nature. Some agencies only intermediate with the passenger as commission agents of the carrier, by just provide the contract of the flight and providing the ticket. However, others organize the trip, including the selection of the transporter, the journeys, transfers, accommodation, etc. in what is called, technically, combined travel, which led to the appearance of special legislation in order to protect the interests of the users of this complex type of contracting. As in the situations we saw before, in the case of the combined trip, the passenger has to add a tour operator or a travel agency. It is also necessary to delimit the applicable regulatory regime, establish criteria for imputation of liability and passive legitimation in relation with this other actor, that is: the agencies or companies that organize the trip. We will leave questions, alternatives, which require the observer a deep consideration and debate, on whether, in this meticulous legal task, regulatory 32 To see in depth the aspects of tourism law, including the links with aeronautical and airport law, see the excellent legal work Facal Julio, Handbook of tourism law. The law. Uruguay. Montevideo. 2018. 33 Fernández Rozas, Jose Carlos “Prologue to the book” Responsibility in international air transport “by De Paz Martin, Jesús Marcial Pons. Madrid. 2006.
Made with FlippingBook
RkJQdWJsaXNoZXIy NzgyNzEy