International Air Transport of Passengers and Luggage from Tourist Industry Perspective and the Rights of Tourists

• Author: Ilie Dumtru
• Profession: Lawyer, Bucharest Bar, Romania
• Pages: 49-65

International Air Transport of Passengers and Luggage from Tour-

ist Industry Perspective and the Rights of Tourists

PhD student Ilie DUMITRU

1

Abstract

The tourism sector represents for many countries one of the engines of economic

growth and the interdependence between tourism and transport branch, especially that

of the transport of passengers and luggage, is more than ob vious. For this reason, at

international level a greater need to develop more uniform legal regulations was felt in

recent decades, along with the exponential growth of the number of tourists. Although by

the ad option of the Montreal Convention in 1999 an important step was made in this

direction, backed then by its taking over by the European Union law, it still remain many

countries which are of great interest to tourists where this international convention or

EU regulations are not applicable. Therefore, we believe that an analysis of the provi-

sions of regulations applicable at an international, Eu ropean and national level, as well

as of the international jurisprudence and doctrine regarding the protection of passengers'

rights, the compensation due to them in case of damages and the limitations of damages

can be nothing but useful.

Keywords: air transport, tourists, damages, the Montreal Convention, European

Union law.

JEL Classification: K10, K23, K33.

1. Introduction

Air passenger transport is one of the means of transport with the greatest

development and for the tourism industry is paramount.

The extraordinary growth of international tourism over the last few dec-

ades is largely due to the development of air transport.

According to World Tourism Organization statistics, in 2012 more than

half of all international tourists

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arrived at destination by air.

Similarly, the increase in air transport - which is the main component of

civil aviation - is intrinsically linked to the expansion of tourism. The vast major-

ity of international air passengers travel either for tourism or recreational or pro-

fessional purposes, and in many countries\aviation plays a vital role for the de-

velopment of domestic tourism.

1

Ilie Dumitru - Lawyer, Bucharest Bar, Romania, E-mail: ilie.dumitru@gmail.com.

2

2012 was the year in which the total number of international tourists has exceeded 1 billion (1.035

billion). See the Annual Report of the World Tourism Organisation 2012. The document is available

online at http://cf.cdn.unwto.org/sites/all/files/pdf/annual_report_2012.pdf (accessed on 20.10.

2016).

50 Ilie Dumitru

Although it could be argued that tourism activity acts as a catalyst for air

transport, rather than vice versa, it is recognized that air transport and tourism are

in a relationship of interdependence.

But, the World Tourism Organization notes that despite this interdepend-

ence and the multiplier effect for both fields, many countries

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have separated sec-

toral policies on air transport and tourism, and this leads to fundamental malfunc-

tion and to the loss of an opportunity to maximize the potential that both areas

have for economic and social development.

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Tourism is developing in a fulminant manner on account of air transport

and air transport owes much of its development to tourism. Only from September

2014 to September 2015 the global passenger traffic grew by more than 6.5% as

compared to the same period last year.

IATA forecasts

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for the year 2034 are of 7 billion passengers transported

annually, which correspond to a doubling of the number as compared to 2015 and

to an annual increase of 3.5%.

Therefore, for tourism, the relationship with the transport field, with the

legal provisions applicable to this segment of the economy and with its peculiar-

ities is particularly important.

In this context we propose through this paper an analysis of the provi-

sions of regulations applicable at an international, European and national level,

as well as an insight into international case law and doctrine, in order to highlight

each of these three regulatory levels of the arrangements that ensure protection of

passengers' rights, of the compensation due to them in case of damages and of the

limits of such damage claims

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.

2. International regulations

We begin the analysis of legal regulations specific to passenger air

transport with the international ones, which have a legal force superior to the re-

gional and national ones, so whenever European and domestic law is contrary to

international law, the provisions of the latter shall prevail.

3

Unfortunately this is the case of Romania, and to the extent that there will be a real political

decision of development of the tourism sector in Romania, it is inconceivable to set up national

strategies in this sector without integrating in them the transport field and without ensuring a

coordinated development of the two sectors of the national economy.

4

See for these conclu sions the report "Tourism and Air Transpor t Policies" presented at the 20 th

session of the General Assembly of the World Tourism Organization, Madrid, 2013. The document

is available online at http://cf.cdn.unwto.org/sites/all/files/pdf/background_paper_tourism_air_

transport_policies_unwto_ga20_rev1.pdf (accessed on 05.09.2016).

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The International Air Transport Association (IATA).

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This analysis will be integrated and developed into a book on which we work and where we will

analyze in full the issue of legal rules applicable in tourism.