364 COMPETITION LAW IN TOURISM In addition to the general discipline of the transport contract in Arts. 1678 and following of the Civil Code, in Italian law, this refers to the code of navigation, modified with the Legislative Decree No. 96, of 9 May 2005, “Review of the aeronautical part of the Code of Navigation pursuant to Art. 2 of Law No. 265, of 9 November 2004”, entered into force on 21 October 2005, and Legislative Decree No. 15,1 of 15 March 2006, “Corrective and supplementary provisions to Legislative Decree No. 96 of 9 May 2005” on the revision of the aeronautical part of the Navigation Code, which entered into force on 29 May 2006. Article 941 of the Code of Navigation expressly refers to the carriage by air of persons and luggage and includes the carrier’s liability for personal injury to the passenger and Community, as well as international rules in force in the Republic16. Going back to our subject matter of hand luggage, the carrier’s responsibility is referenced in the general discipline of the transport contract in Arts. 1678 and 1681 on the responsibility of the carrier in the transport of persons, which establishes the responsibility of the carrier for the things that the passengers carry with them, making explicit reference to the baggage “by hand” in the Code of the Navigation and in Montreal Convention of 1999. In air transport, “baggage delivered” is one that the passenger drops off at a baggage desk, depriving themselves of it and entrusting it completely to the carrier, which is in turn obliged to transport it safely to its destination. “Hand baggage” is any baggage that the passenger does not deprive himself of, in which case the baggage remains in the custody of the passenger for the entire trip. The hand baggage normally contains everything the passenger intends to keep in their custody (personal items or valuables). For baggage delivered by the airline, the Montreal convention Art. 17 paragraph 2 establishes that the carrier has an automatic liability in the event of any destruction, loss or deterioration occurring during the period in which the carrier has custody of the luggage wherein it becomes liable, unless it can prove that the damage was caused by the nature of the baggage delivered, by its flaw or by an inherent flaw contained within it. On the other hand, for baggage that is not delivered, Art. 17 paragraph 2 of the Convention stipulates that the carrier is liable only when the damage is its own fault or the fault of its employees or appointees. In any case, thanks to the combined provisions of Art. 20, carriers 16 For a critical analysis see: S. Zunarelli & M. M. Comenale Pinto, Manuale di diritto della navigazione e dei trasporti (Manual of Navigation and Transport Law), Padova, 2013 p. 83.
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