Sustainable Tourism Law

AIRPORT, CIVIL AVIATION AND TECHNOLOGY LEGAL RELATIONSHIP 785 Facing the same harmful event, there are two different reparation regime. A special one, with compensation limits, with a system of own jurisdiction, specific systems of burden of proof. The other, the airport, general according to the conditions that govern the civil liability in the jurisdiction of the place where the airport is located. III.2. The airport consumer. A trip, multiple legal situations Over time, the airport consumer was assimilated in a different way, identifying in a first phase with the “Facilitation” . Then with the evolution of the airport service, based on the “quality of service”. Since a few years ago, the “passenger experience” has monopolized the reference, a bit as a consequence of the “liquid times” that we have to live, of which airports cannot, and should not, be on the sidelines. In any case, beyond marketing trends, people who make an air trip are simultaneously and successively subject to a series of different legal relationships, objects, subjects and different legal frameworks. During the whole process of the trip, including the pre-contractual phase, that person will have different subjective legal situations 22 . i Tourist, part of a travel service contract; ii Passenger, part of a transportation contract; iii Airport User, part of an airport service relationship; iv Citizen, part of a legal relationship subject to the control and supervision of the competent state agencies. We will identify them jointly and indistinctly, under the term Consumer. Different companies (transport, airports, tour operators) and State agencies provide inspection services and activities, all of themdifferent but interdependent, before, during and after the trip, so, any of them, with their actions or omissions, legitimate or not, they can be direct or indirect cause of the total or partial frustration of the trip or of its realization in conditions of time and form not according to the contracted or due. Each of these legal situations are regulated by different legal frameworks that govern the air transport contract, the provision of the airport service, the 22 Gonzalez, Diego “Passengers, users of airports and tourists: a trip and multiple legal relationships. XLIV Ibero-American Conference on Aeronautical and Space Law and Commercial Aviation “, September 25-28, 2017, Santiago, Chile.

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