does not include scheduled air transportation or nonscheduled air transportation, sold on an individually ticketed or individually waybilled basis. 2 So, our working hypothesis is that a tour operator, in order to transport its tourists to the holiday destination, concludes an air charter contract with an airline company in the European Union whereby the air carrier undertakes to carry out one or several air fights, according to a certain fight schedule, between a departure airport and a destination airport and return. We aim to analyze the applicable legislation and determine to whom and within what limits a sanctioning or legal liability system is applicable in the event of the delay or cancellation of a charter fight contracted by a tour operator. Who should have the obligation to repair the damages sufered by tourists in such situations? The tour operator or the airline? Are there any limitations on this liability? III. Relevant EU law in the analyzed feld The EU legislation aimed at this issue has in the foreground the Regulation (EC) no. 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of fights. 3 This regulation applies to: - passengers departing from an airport located in the territory of a Member State to which the Treaty applies; - passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefts or compensation and were given assistance in that third country, if the operating air carrier of the fight concerned is a Community carrier, provided that passengers have a confrmed reservation for that fight and, except in cases of cancellation, present themselves at check-in at the time indicated in advance, no later than 45 minutes before the published departure time. US Code of Federal Regulations / Title 14 - Aeronautics and Space / Chapter II - Ofce of the 2 Secretary, Department of Transportation (Aviation Proceedings) / Subchapter A - Economic Regulations / Part 212 - Charter Rules for U.S. and foreign direct air carriers / § 212.2 Defnitions. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 3 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of fights, and repealing Regulation (EEC) No 295/91.
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