Sustainable Tourism Law

788 SUSTAINABLE TOURISM LAW In the fulfillment of their state functions at the airport, the Security, Migration and Customs Bodies, including health, impact on the quality of service or “travel experience” and may even be a direct source of damage to both passengers, carriers and airlines, according to each case. If we look carefully on these activities, a wide range of legal relationships appear ranging from coordination and / or assignment, maintenance and payment of administrative and operational spaces in the airport for the development of their functions, to the direct relationship with the passengers inspected. Among all this accumulation of relationships, they can cause interference in the process of executing the air transport contract, generate problems in matters of individual freedom and privacy, and even formal legal aspects related to the acquisition, custody, management and storage of personal data, etc. IV.1. The case of the AVSEC We will briefly look on the lack of service provided by the AVSEC, since the control processes in the security point are the ones that most interfere in the dynamics and effectiveness of the boarding process. In Germany, Erding Local Court sentenced Munich Airport to compensate a family that lost its flight. The court of first instance understood that there is a kind of objective responsibility of the airport operator to ensure the completion of the procedure accurate and timely “... airport must ensure the passengers who arrive to the Check in desk on time also pass through security check in time for boarding and flight departure” 31 . In other cases, unlike in Munich, many airports have assumed as delegates of the States the last responsible of the AVSEC, the provision of this service and do so through private companies contracted for this purpose. This generates a differentiated legal status from the direct provision of the service by state forces to the extent that, since there is a contractual relationship with the airport operator, it opens the way to situations such as, for example, the exercise of the right to strike or work to rule, by private security companies. Strikes by private security personnel at the airports of El Prat (Spain) and Brussels, with all the disruption and damage caused, are warning signs in these special and sensitive airport legal matters 31 See. Iwantscheff Sophia, “Airport directly liable for passenger missing flight due to slow security checks”. www.arneckesibeth.com .