Sustainable Tourism Law

AIRPORT, CIVIL AVIATION AND TECHNOLOGY LEGAL RELATIONSHIP 783 Already in these two elements, the execution of the transportation contract and the provision of the airport service, the occurrence of a damage, implies, from the point of view of the generic duty of reparation, that exist for the victim, at least, two demanded subjects: the airport operator and the carrier. As is well known, the regulatory treatment and consolidation of aeronautical law is based on the specialty of air activity, the complexity of the transport contract and the subjective quality of the carrier. Basically, this was confirmed in the International Conventions, in particular, the Montreal Convention of 1999 which, we sustained, excludes the airport operator from the scope of application 18 . Videla Escalada 19 comprehensively addresses the issue of Airport Operator Responsibility. “When initiating the study of responsibility, we explain the methodology to be used and we distinguish the legislated cases from those that do not have a specific solution in the positive law. We now begin the analysis of the second part of our work in which we contemplate the hypotheses that until now lack regulation at the international level and in our country ... In the absence of special provisions that regulate the issue, their compensatory obligations are subject to the norms of Civil Law” 20 . However, the legal umbrella of the airport service, composed of the public service institutes, of the use of the domain, including the administrative concession contract, refers to the rules of Administrative Law, rather than those of civil law, at the time of identifying the compensatory obligations of the airport operator. In any case, it will depend on each national legal system, according to its rules and principles, and this cannot be a uniform basis for all the States where the airport service is provided. The fact that it is regulated by the rules of civil law, or administrative law, is also an element that leads us to differentiate, as we said, the airport legal relationship of aeronautics. And therefore, to the differentiation of liability regimes and compensation of damages. 18 18 See in detail Gonzalez, Diego: “Airport Public Service. Civil liability of the airport operator. Extension of the application of the Convention for the Unification of certain rules for International Air Transport - Montreal 1999. The Vumbaca case with Terminal One Group Association LP “Revista Administración Publica - Argentina. No. 420. Page 107. - “Vumbaca v Terminal One Group Association LP” Extension of the Airport Operator’s Civil Liability in Montreal Convention, 1999 | The Aviation & Space Journal | January / March 2017 Year XVI No. 1 www.aviationspacejournal.com . 19 Videla Escalada Federico Aeronautical Law Volume IV Volume B. Victor de Zavalia Editor. Buenos Aires. 1976. Pag. 719. 20 See in detail the storyline in Videla Escalada Federico Derecho Aeronáutico, Op cit , Pag.764.