TRANSPORTATION CONTRACT MARITIM VS AIR CONTRACT Design of

TRANSPORTATION CONTRACT MARITIM VS AIR CONTRACT “Design of sustainable tourism systems” Travel and Tourism Contracts Ainhoa Aguilera Federica Violo Ariadna Prunel Malwina Wierzchowska Maria Anna Dalkowska

Definition Types Sources MISSION Form & Conclusion Carrier Duties & Impediments Passenger Duties & Impediments Carrier Liability Pratical case

The evolution of tourism is strictly connected to The connection the development of between transport and modern transport. tourism transformed also Transport Law

TRANSPORTATION CONTRACT is an agreement between a CARRIER and a Passenger , who is any person transported based on a voyage ticket issued by the carrier and/or agencies authorised thereto.

WHO IS A CARRIER ? It is any person or company that carries goods or people for payment. The object of the agreement is the provision of TRANSPORT

Aviatio n Highways Mass Transit CARRIER CONTRACT TYPES Mariti m Rail

The Italian Navigation Code , in the general sphere of transportation contratcs , it regulates the following subspecies: BY SEA: Ø Transportation of people Transportation of goods : Fully-loaded , Partiallyloaded BY AIR: Ø Transportation of people Ø Transportation of goods Ø Thus delineating the two partitions of the : Maritime Law relative to Sea and Inland Air Law for the transfer by

Sources The Maritim contract is reguled by : National : European : EU Regulation Italian Navigation Code 1177/2010 concernign the rights of passengers when travelling by sea and inland waterway Delate and Cancellation: ØNot only in the port of th member states but in all the other port ØCarrier provide the payment of compensation for passengers , had not provide only when bad condition weather ØRight of information

Sources Maritime contract International: Passenger and luggage Goods • Bruxelles 27/05/67 • Atene 13/12/74 • Bruxells 21/17/79

Sources The Air contract is regulated by NATIONAL: Italian Navigation Code 889/2002 EUROPEAN: Regulation 261/2004 established common rules on compensation and assistence to passengers in the event of denied boarding and of cancellation or long delay of flight

Sources The Air contract is regulated by: International: Warsaw 12/09/29 Montreal 28/05/99 It is a new global rules on liability in the event of accidents for interntional air transport replacing those in the Warsaw Convention of 1929 and its subsequent amendments. The Montreal Convetion provides for a regime of unlimited liability in case of accident limeted but it is unlimited when it cause of death or injury of passenger

IATA “International Air Transport Association” It is an important association that may control prices and availability of flights. IATA promotes the safety air transportation in order to have flights cheaper and to have a safety for the traveller

CONTRACT FORM The MARITIM CONTRACT is a written form , in order to prove the contract The AIR CONTRACT form required is not a written the Ticket represents the evidence of the contract

Contract Conclusion Contract conclusion is precided by RESERVATION (Booking), also considered as a preliminary contract Voyage ticket represents DEFINITIVE CONTRACT

Usually transportation contracts are regulated by the following generale conditions : THE VOYAGE TICKET it is personal, may not be transferred and is valid solely for the voyage indicated in it

VOYAGE TICKET MARITIM personal data Issue place and date Departure and destination place The class and price Carrier name and it’s establish legal residence Few terms and conditions AIR Passenger personal data Departure and destination place Possible stop-over(s) Few terms and conditions

TYPICAL CARRIER’S OBBLIGATIONS ESSENTIAL DUTIES duties of protection Conveyance of goods from departure to destination place and surveillance on the transportation object Conveyance of passenger from departure to destination place and surveillance on their luggage ANCILLARY DUTIES transportation for passenger Make the means of transport available Board supply Reserved space on board Possible boarding and disembarking service

TYPICAL CARRIER IMPEDIMENTS all events that make the exact contract performace impraticable Attributed to carrier If the voyage cannot takes place with other means of the same carrier, contract is legally dissoluted In case of departure with other means of the same carrier with the same destination, passenger can decide to make the voyage or to dissolve the contract

TYPICAL CARRIER IMPEDIMENTS Not attributed to carrier Legal dissolution of the contract and compensation of whole ticket price

TO PASSENGER’S IMPEDIMENTS Impediments Duties Attributed to him Payment of transportation price Respect of on-board rules Payment of full price Not attributed to him Contract legal dissolution Payment of ¼ of full price

CARRIER’S LIABILITY In the event of cancellation or delay except when the cancellation or delay occurs due to weather condition endangering the safe operation of the ship or to extraordinary circumstances which could not have been avoided even if all reasonable measures had been adopted

CARRIER’S LIABILITY In case of the event of personal injury of passenger, except when carrier proves that all reasonable measures had been adopted

CARRIER’S LIABILITY In case of loss and/or damages of passenger luggages and goods except when carrier proves that the event is not attributable to him. CARRIER’S UNLIMITED LIABILITY In case of passenger death

LUFTHANSA : CURRENT TRAVEL INFORMATION

LUFTHANSA : CURRENT TRAVEL INFORMATION

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