According to the same UNWTO data, the frst quarter of 2022 saw more than four times more foreign arrivals (+280%) in Europe than in the frst quarter of 2021. 1 The somewhat predictable consequences of this almost instantaneous tripling have been the emergence of many dysfunctions in the international tourism industry: many canceled fights, signifcant delays caused not only by air carriers, but also by airports, through insufcient stafng. Or, in general, any dysfunction in the relationship between various actors of society fnds its solution in LAW, in the APPLICATION of the "LAW". In a similar way, these dysfunctions that appeared in the tourism sector in the "post-Covid-19" period generated litigation, the settlement of which required the intervention of the law and the application of the law by the courts. If, however, when we consider the hypothesis of a direct legal relationship between an airline company registered in the European Union and the passenger, it is relatively easy to determine the applicable legislation and to know the legal solutions it ofers, in the case of charter fights we are in the hypothesis of a division of the aforementioned legal relationship. This legal relationship is multiplied by the interposition of the tour operator between the air carrier and the passenger/tourist. This results in two distinct legal relationships: air carrier – tour operator and tour operator – tourist. We therefore propose to see to what extent the legislation of the European Union, duplicated by the jurisprudence of the CJEU, regulates sufciently clearly and precisely both of the aforementioned legal relationships, especially in terms of the liability of the air carrier and/or the tour operator, in the event of the delay or cancellation of a charter fight. II. The scope of our study First, a terminological clarifcation is necessary in relation to the air charter contract and "air charter fight". In international aviation terminology, charter fight means a fight operated under the terms of a charter contract between a direct air carrier and its charterer or lessee. It See UNWTO Report titled “Rethinking Tourism: From Crisis to Transformation”, refecting the 1 relevance and importance of tourism as well as the unprecedented crisis that hit the sector in 2020. Web address: https://webunwto.s3.eu-west-1.amazonaws.com/s3fs-public/2022-09/ f r o m - c r i s i s - t o - t r a n s f o r m a t i o n - W T D 2 0 2 2 . p d f ? VersionId=E2562wREejLJYZbb5IkplKFufBA9URdC .
RkJQdWJsaXNoZXIy MTE4NzM5Nw==