LIABILITY OF THE AIRPORT OPERATOR

Agenda

• ABOUT ACI-LAC

• INITIAL REMARKS

• LIABILITY – GENERAL – SPECIAL

• CONTRACTUAL AND NON CONTRACTUAL

• OBJECTIVE AND SUBJECTIVE

• LIMITED AND UNLIMITED

• FINAL REMARKS

About ACI & ACI-LAC

ACI PROMOTES THE COLLECTIVE INTERESTS OF THE AIRPORTS OF THE WORLD AND FOMENTS THE PROFESSIONAL EXCELLENCE IN THE AIRPORT MANAGEMENT AND OPERATIONS

ACI-LAC IS THE ACI DIVISION THAT REPRESENTS THE INTERESTS OF THE AIRPORT OPERATORS OF THE LATIN AMERICA THE CARIBBEAN REGION AND. FOUNDED ON 1991, ITS FUNDAMENTAL OBJECTIVE IS TO PROMOTE THE COOPERATION BETWEEN THE AIRPORTS MEMBER AND OTHER PARTNERS WITHIN THE AVIATION WORLD.

About ACI / ACI-LAC

AT THE MOMENT, ACI-LAC COUNTS WITH 70 MEMBERS THAT

OPERATE 260 AIRPORTS IN 37 COUNTRIES OF THE LATIN

AMERICA AND THE CARIBBEAN REGION. THROUGH THIS

COOPERATION,  ACI-LAC OBJECTIVE IS TO OFFER SUPPORT

TO MAKE THE AIRPORT SYSTEM SAFE, STABLE, EFFICIENT

AND COMPATIBLE WITH THE ENVIRONMENT 

59 REGULAR MEMBERS 5 AFFILIATE MEMBERS

6 ASSOCIATE (COMMERCIAL) MEMBERS

Regional Committees

Airports Council International Latin America & the Caribbean

Facilitation &Services

Environment

Training

EconomicAffairsTechnical &

OperationalSafety

AviationSecurity

Political & Regulatory

Affairs

About ACI / ACI-LAC

ACI-LAC MEMBERSHIP BY COUNTRIES / TERRITORIES

ANTIGUA, ARGENTINA, BARBADOS, BELIZE, BAHAMAS, BERMUDA, BRAZIL, CAYMAN ISLANDS, CHILE, COLOMBIA, COSTA RICA, CUBA, DOMINICAN REPUBLIC , DUTCH CARIBBEAN, ECUADOR, USA, EL SALVADOR, FRENCH GUYANA, GUADELOUPE, GUYANA, GRENADA, HAITI, HONDURAS, JAMAICA, MARTINIQUE, MÉXICO, NETHERLAND ANTILLES, NICARAGUA, PANAMA, PARAGUAY, PERU, SANTA LUCIA, ST KITTS & NEVIS, ST VINCEN AND THE GRENADINES, SURINAME, TRINIDAD & TOBAGO, URUGUAY, ESPAÑA, USA

INITIAL REMARKS - PAST

MERIDA. YUC. MEXICO

INITIAL REMARKS - Airports are Business

INITIAL CONCEPT ( ICAO DOCUMENTS 9562 & 9082) – AIRPORT INFRAESTRUCTURE

• COST FOR CALCULATION OF AIRPORT CHARGES • SINGLE TILL • AIRPORT CHARGES TO RECOVER INVESTMENT AND MAINTANANCE • INCREASE OF NON AERONAUTICAL REVENUES • PROMOTE AUTONOMOUS ENTITIES (STATE) TO RUN AIRPORTS

NEW CONCEPT – AIRPORT EFFICIENCY (STATE / PRIVATE)ICAO DOCUMENTS 9562 – 04, 9764 CEANS, 9082/7

• COST FOR CALCULATION OF AIRPORTS CHARGES • SINGLE AND DOUBLE TILL • AIRPORT CHARGES TO RECOVER INVESTMENT, MAITENANCE AS

WELL AS BENETIS FOR AIRPORT SHAREHOLDERS • PRE FINANCING OF AIRPORT PROJECTS• CHARGES FOR SECURITY AND NOISE • AIRPORT PLANNING

INITIAL REMARKS - PRESENT

HONG KONG, CHINA

INITIAL REMARKS Airports Concession in LAC Region

AIRPORTS AS BUSINESS

– TECHNOLOGICAL EVOLUTION

– AIR TRANSPORT DEREGULATION / LIBERALIZATION

– INTERNATIONAL TRADE

– TOURISM

– GLOBALIZATION

– AIRLINE PRIVATIZATION

– AIRPORT PRIVATIZATION (CONCESSION MODEL)

– AIRPORT LAW (NOT AIR LAW)

INITIAL REMARKS Airports Concession in LAC Region

• TO ACCESS TO THE FINANCIAL MARKETS • TO GENERATE INCOME• TO FINANCE INFRASTRUCTURE PROJECTS – PRIVATE

ACCOUNTABILITY • TO IMPROVE THE PRODUCTIVITY AND EFFICIENCY• AIRPORTS RECOGNIZE AS COMMERCIAL BUSINESS • TO STIMULATE COMPETITIVENESS• TO EXTEND CAPITAL AND TO GIVE ENTRANCE TO NEW

SHAREHOLDERS• TO PRIORITIZE THE PUBLIC EXPENSES• “KNOW HOW” TRANSFERENCE – INTERNATIONAL AIRPORT

OPERATORS • PHILOSOPHICAL – STATES SHOULD NOT BE DOING

AIRPORT MANAGEMENT

INITIAL REMARKS Airports Concession in LAC Region

• GOVERNMENTS HAVE BEEN MAKING HUGE CHANGES IN HOW THEIR AIRPORTS AND PORT FACILITIES ARE OWNED AND IN PARTICULAR HOW THEY MANAGED (OPERATED).

• ON 1992 MOST OF THE LAC AIRPORTS WERE UNDER SOME FORM PUBLIC OPERATION.

• ON 2007 AROUND HALF OF TRAFFIC IS HANDLED BY AIRPORTS UNDER SOME PRIVATE OPERATION AGREEMENT.

Public Operation

Private Operation

1992….

Public Operation

Private Operation

2006….

2008 …

Airports Concession Worldwide

GENERAL ASPECTS LIABILITY

• DAMAGE – COMPENSATION

• GENERAL RULES

• LEGAL FRAMEWORK

• AIR LAW – AIR TRANSPORT

– WARSAW SYSTEM 1929

– MONTREAL 1999

WARSAW SYSTEM

-SUBJECTIVE

-LIMITED

-CONTRACTUAL

- GUARANTEE

CONDITIONS PASSENGERS : TICKET CHECKED BAGGAGE : TAG

CARGO : AIRWAY BILL

THERE ARE NULL CLAUSES (OTHER LIABILITY LIMITATION OR EXONERATION)

CONVENTION DAMAGE TO PASSENGERS (PAX)

WARSAW DE 1929 125.000 X PAX

THE HAGUE 1955 250.000 X PAX

MONTREAL 1966 US$ 75.000 / 58.000

MONTREAL 1975 N° 1 8.3000 SDR / PAX

N° 2 16.600 SDR / PAX

N° 3 100.000 SDR / 4150 SDR X

DELAY

N° 4 100.000 SDR

GUATEMALA 1971 1.500.000

MONTREAL 1999 100.000 DEG / PAX / 4150 SDR X DELAY

CONVENTION DAMAGE TO CARGO AND CHECKED

BAGGAGE

DAMAGE TO HANG BAGGAGE

WARSAW 1929 250 FR. /KG. 5.000 FR. /PAX

THE HAGUE 1955 250 FR. /KG. 5.000 FR. /PAX

MONTREAL 1975:

N° 1 17 DEG /KG. 332 SDR /PAX

N° 2 17 DEG /KG. 332 SDR /PAX

N° 3

N° 4

17DEG/ KG. /CARGO 1000 DEG P/

BAGGAGE

MONTREAL 1999 17DEG/ KG. / CARGO1000 DEG P/

BAGGAGE

AIRPORT LIABILITY

• WARSAW SYSTEM AND MONTREAL 1999

– EMBARK AND DISEMBARK OPERATION

• CHANGE IN THE CONCEPT : NEW AIRPORT DESIGN NEW CONTROL PROCEDURES NEW SECURITY REQUIREMENTS

AIRPORT LIABILITY

LIABILITY – OPERATOR / AIRPORT

CONSIDERING:

1) LOCATION OF PASSENGER WHEN THE DAMAGE TAKES PLACE

2) ACTIVITY OF THE PASSENGER WHEN THE DAMAGE TAKES PLACE

3) AIRLINE CONTROL OVER PASSENGER WHEN THE DAMAGE TAKES PLACE

LIABILITY – AIRPORT SAFETY

ELEMENTS WHICH INCREASE RISKS:

 • INCREASE IN AIR TRAFFIC • SPEED OF AIRCRAFTS • REDUCING NOISE • VULNERABILITY

AIRPORT SAFETY

• OBLIGATION – TO MAKE THE BEST – TO GUARANTEE ?

• INTERNATIONAL RULES :

ICAO ANNEX 14

AIRPORT SERVICE MANUAL DOC 9137OBJECTIVE : DIMINUTION / REDUCTION

AIRPORT LAW

TYPES OF USERS PASSENGERS

INDIVIDUAL ASSOCIATIONS

AIRLINES INDIVIDUAL ASSOCIATIONS (AOC, ALTA, IATA)

SERVICE OPERATORS LANDSIDE

ACCESS / OPERATION AIRSIDE

ACCESS / OPERATION FEDERAL / STATE / LOCAL AGENCIES

CONTRACTUAL AND NON CONTRACTUAL

TYPES OF USERS PASSENGERS – NON CONTRACTUAL

INDIVIDUAL ASSOCIATIONS

AIRLINES - CONTRACTUAL ??? INDIVIDUAL ASSOCIATIONS (AOC, ALTA, IATA)

SERVICE OPERATORS - CONTRACTUAL LANDSIDE

ACCESS / OPERATION AIRSIDE

ACCESS / OPERATION FEDERAL / STATE / LOCAL AGENCIES – CONTRACTUAL ???

OBJECTIVE AND SUBJECTIVE

TYPES OF USERS PASSENGERS – SUBJECTIVE

INDIVIDUAL ASSOCIATIONS

AIRLINES - ??? INDIVIDUAL ASSOCIATIONS (AOC, ALTA, IATA)

SERVICE OPERATORS - LANDSIDE

ACCESS / OPERATION AIRSIDE

ACCESS / OPERATION FEDERAL / STATE / LOCAL AGENCIES

LIMITED AND NON LIMITED

•

TYPES OF USERS PASSENGERS - UNLIMITED

INDIVIDUAL ASSOCIATIONS

AIRLINES - LIMITED ??? INDIVIDUAL ASSOCIATIONS (AOC, ALTA, IATA)

SERVICE OPERATORS - LIMITED LANDSIDE

ACCESS / OPERATION AIRSIDE

ACCESS / OPERATION FEDERAL / STATE / LOCAL AGENCIES – UNLIMITED

AIRPORT SERVICE LEGAL FRAMEWORK

AIR LAW (SO CALLED INFRAESTRUCTURE CHARTER) LIMITED TOPIC (DEFINITION, FACILITATION, LAND , OLD CONCEPT OF AIRPORT (NEUTRAL) WITHOUT ANY ENFORCEMENT POWER NON SPECIAL LAW APPLICATION (COMMON LAW)

FRAGMENTED

AIR LAW AIRPORT REGULATIONS

ECONOMIC TECHNICAL

CONTRACTS (CONCESSION)

AIRPORT SERVICE LEGAL FRAMEWORK

AIRPORT LIABILITY LIMITED

ACCORDING TO TRAFFIC CASE – PASSENGER / AIRLINE / OPERATOR

CLAIM CONDITIONS TIMEFRAME FORMALITY

SPECIAL LAW APPLICATION (COMMON LAW) WILLFUL MISCONDUCT – FAULT

FINAL REMARKS

• THE FUNCTION AND CONCEPT OF THE AIRPORT HAS

SUBSTANTIALLY CHANGED DUE THE AIRPORT

COMMERCIALIZATION / PRIVATIZATION IN THE LAC

REGION.

• A VERY IMPORTANT PORTION OF THE LAC AIRPORTS

ARE UNDER PRIVATE OPERATION AGREEMENT

• THE AIRPORT OPERATION FRAMEWORK IS

INSUFFICIENT (LIMITATIONS AND DEFICIENCIES) AND

FRAGMENTED

FINAL REMARKS

LIMITATIONS / DEFICIENCIES / ISSUES

• INTERNATIONAL FINANCE TOOLS

• AIRPORT SERVICE – CONCEPT – BUSINESS PERSPECTIVE

• RELATIONSHIP WITH USERS AND COMMERCIAL PARTNERS

• SLOTS / ENVIRONMENT

• SECURITY / ENFORCEMENT

• AIR POLICY / ROUTE DEVELOPMENT (AIR SERVICE)

• TARIFFS – APPROVAL / ENFORCEMENT

• AIRPORT OPERATOR – DUTIES / RIGHTS

• INTEGRATION OF THE LEGAL FRAMEWORK

Airport Council International – Latin America and The Caribbean (ACI-LAC) Guarulhos - Sao Paulo Int. Airport - 0 Jamil J. Zarif Av. Passenger Terminal 2,

Mezzanine Wing D, CEP: 07.141.970 Sao Paulo, Brazil Phones: +55 (11) 2445 3005 //E-mail: Efloresdc@aci-lac.aero // Website: 

www.aci-lac.aero ACI-LAC, the ACI regional office for Latin America and The Caribbean, is a

non profit international organization of the worlds' airports.Its prime purpose is to advance the interests of airports (Public and Private

operated) as well as promoting professional excellence in airport management and operations.

ACI-LAC has over 70 members operating over 200 airports in 37 countries and territories of Latin American and the Caribbean Region.

ACI has over 600 members operating over 1600 airports in 177 countries and territories worldwide.

THANK YOU

Eduardo A. Flores

ACI-LAC Regional Secretariat

Email: efloresdc@aci-lac.aero

www.aci-lac.aero