Sustainable Tourism Law

784 SUSTAINABLE TOURISM LAW Article 17 of the Montreal Convention of 1999 maintained that legal frontier between the carrier and the airport operator already established in the founding agreements. We refer to the boarding and arrival operations 21 discussed in the doctrine and clarified in the classic jurisprudence of the Day V. Trans World Airlines, Inc. case 393 F.Supp. 217 (1975), which gave rise to the so-called “test day”. At the Athens Airport, Greece, in August 1973, with the check-in completed, the baggage cleared, and the migration process completed, a group of passengers were preparing to embark when they were shot by the actions of two terrorists who attacked the airport. i. What was the activity that the passengers developed at the time of the accident? ii. What controls or restrictions on its movement had been imposed by the flight operator? iii. What was the degree of imminence of their next shipment? iv. What was the physical proximity of the passengers with respect to the Boarding door? The global casuistry of damages at airports is very wide. In the time that the boarding and arrival operations take place, there have been deaths, physical damages, moral damages and economic damages. At that time the passenger moves through the airport, the cause and the imputation of the damages can be diverse. It is a time in which the duty of the carrier and the duty of the airport operator are juxtaposed, complemented or simply coincide temporarily. The special regulations linked to the damage suffered by passengers at airports is a legal frontier that, beyond any consideration, also demonstrates the difference between the legal relationships and the applicable regulations. 21 Article 17. Death and injuries of passengers-Baggage damage. 1. The carrier is liable for damage caused in the event of death or bodily injury to a passenger for the sole reason that the accident that caused the death or injury occurred on board the aircraft or during any of the boarding operations or disembarkation 2. The carrier is liable for damage caused in the event of destruction, loss or damage to checked baggage solely because the event causing the destruction, loss or damage occurred on board the aircraft or during any period during which the checked baggage was in the custody of the carrier. However, the carrier will not be liable to the extent that the damage is due to the nature, defect or vice of luggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage is due to his fault or that of his dependents or agents. 3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not reached the expiration of the twenty-one days following the date on which it should have arrived, the passenger may assert against the carrier the rights arising from the transportation contract. 4. Unless otherwise indicated, in this Convention the term “baggage” means both checked baggage and unchecked baggage.