The international laws about passengers rights
THE PROTECTION OF THE RIGHTS OF PASSENGERS
The protection of passengers and, more generally, of consumers, has risen in the last 90 years from simple goal to become a tangible reality in progressive evolution, through the efforts of many countries which, through international conventions, have created a unified discipline on transport, which it allowed him to finally put the traveler in the foreground.
1 – International conventions
Among the major international conventions – which, as is known, bind only the States party to them and have effect in respect of individual citizens by virtue of the transposition carried out by means of national law sources – in the transport sector are:
- Airplane transport
– the Warsaw Convention of 12/10/1929 ;
– the Montreal Convention of 18/05/1999 , which replaced the Warsaw Convention of 1929.
- Maritime transport
– the Brussels Convention of 29.4.1961 relating to the carriage of passengers.
– The Athens Convention of 12.13.1974, concerning the transport of passengers and baggage, as amended by the London Protocols of 19/11/1976 and 1/11/2002.
- Rail transport
– the Berne Convention (or COTIF) of 5.9.1980, as amended by the Vilnius Protocol of 03.06.1999, to which are attached the uniform rules concerning the carriage of passengers (CIV) and freight (CIM).
2 – The European standard
The need to protect 360 degrees Figure traveler has also prompted the European legislator, the last fifteen years, to adopt a series of rules designed to unification of national laws for the protection of the consumer.
The protection of the traveler, in particular, was seen as a priority by the European institutions in a European Union that has made the free movement of citizens one of the cornerstones for achieving the objective pursued since the creation of the EEC in 1957: free internal market.
The need for providing travelers with more information about their rights and a Habitable protection in all EU Member States, has prompted the European institutions to enact specific rules for each type of transport (sea, air, rail, road, etc. ), with the purpose (partially achieved) provide a detailed discipline in passenger extent.
Among the most important Community rules should specify:
- Airplane transport
– EC Regulation n ° 889/2002 of 13 May 2002, amending Reg. EC No. 2027/1997 on air carrier liability in case of accidents;
– the EC Regulation n ° 261/2004 of 11/02/2004 , which sets out the rights of passengers and the obligations of assistance and compensation of the airlines in case of flight cancellation, delay or denied boarding;
– EC Regulation n ° 1107/2006 of 07/05/2006, on the rights of passengers with disabilities or reduced mobility in the air ratio.
- Maritime transport
– the EC Regulation n ° 392/2009 of 23/04/2009 , on the liability of carriers of passengers in case of an accident;
– The EC Regulation n ° 1177/2010 of 24/11/2010 , concerning the rights of passengers, amending Reg. 2006/2004.
- Rail transport
– EC Regulation n ° 1371/2007 of 23/10/2007, which sets out the rights and obligations of passengers in rail transport.
- Road transport
– EU Regulation n ° 181/2011 of 16/02/2011, concerning the rights of passengers in bus and coach transport and amending the EC Reg. No. 2006/2004 and runs from 1 March 2013.
and the following directives:
– Directive 90/314 / EEC on trips, holidays and package tours;
– Directive 2008/122 / EC on timeshare contracts concerning products for long-term holidays or those resale and exchange.
3 – The Italian legislation
The sources of our legal system governing the matter relating to the protection of travelers are as follows:
- The Civil Code (RD March 16, 1942, n. 262 and subsequent amendments).
- The Navigation Code (RD March 30, 1942, n. 327 subsequent amendments).
- 10/01/2004 Law No. 12 for the implementation of the Montreal Convention of 1999 (International air transport).
- the Consumer Code (Legislative Decree. No. 206/2005), in the protection of consumer rights.
- the Tourism Code (Legislative Decree. 23/05/2011, n ° 79).
Just the Tourism Code merits a brief examination.
Designed by the Legislature as the internal source of reference on the rights of travelers, the Legislative Decree no. No. 79 of 2011 has undergone a significant downsizing immediately, due to the decision No. 80 of April 2, 2012 of the Constitutional Court, which It declared the unconstitutionality of certain provisions relating to publicistic aspects of the subject.
Among the main changes introduced by the Tourism Code include:
- the discipline of the tourism market, implementing the Enabling Act 246/2007;
- the law relating to timeshare contracts, contracts for products for long-term holiday products and resale and exchange contracts, in the implementation of the authorization contained in Community Law 96/2010.
