INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 261/2004. According to the latter when public authorities adopt measures intended to prevent the spread of the COVID-19, such measures are by their nature and origin not inherent in the normal exercise of the activity of carriers and are outside their actual control. Nevertheless, it has been confirmed by the CJEU that the outbreak of the COVID-19 posed a significant health risk not only in the travel destination in question but worldwide. The CJEU addressed this in the UFC case96 that is linked to package travel, however the reasoning can be applied to the interpretation of Regulation 261/2004 as well. 5. CONCLUDING THOUGHTS AND GUIDELINES FOR THE FUTURE The development in the field of tourism and travel in the EU has led to the adoption of measures to ensure a minimum level of passenger protection in air transport. Although the rights are covered by a regulation intended unify provisions of protection in this area, in practice, this has not been fully realized. Numerous provisions in the Regulation allow for various interpretations, and the definitions of terms are sometimes incomplete or lacking. The outbreak of the COVID-19 pandemic in recent years has posed an additional challenge, rendering air transport impossible for a certain period. The consequences were felt across all major areas covered by the regulation, i.e., flight cancellations, delays, and denied boarding. The uncertainties associated with the rapid spread of the disease increased the number of cancelled flights, increasing the number of compensation claims from passengers. In the light of the ongoing economic crisis reflecting in the continuous rise in fuel prices, there is a growing need to consider the interests of the air carriers. The crisis particularly threatens low-cost carriers and their market position. The significant financial burden, either in terms of compensations or the services carriers must provide regardless of the existence and duration of extraordinary circumstances, could be fatal for many. Financial instability and resulting bankruptcy proceedings would not only further hinder passengers in receiving compensation but also force carriers to exit the market, reducing travel options, especially for the lower-income population. The solution that carriers can resort to in these situations lies in the institute of extraordinary circumstances, which, as an exception to the general rule of 96 Case C-407/21, UFC of 8 June 2023, para. 51.
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