In case of fight cancellation, the afected passengers have: ❖ the right to reimbursement of the cost of the ticket within seven days, to a return fight to the original point of departure or to rerouting to their fnal destination; ❖ the right to service (meals and refreshments, hotel accommodation, transport between the airport and the place of accommodation, the possibility to make free telephone calls or send two free messages by telex, fax or e-mail); ❖ the right to compensation in the amount of: ➢ EUR 250 for all fights of 1,500 km or less; ➢ EUR 400 for all intra-EU fights over 1,500 km and for all other fights between 1,500 and 3,500 km; ➢ EUR 600 for all fights not covered by the previous points. In the case of a fight delay, the regulation provides for a system with three levels of penalties: ❖ in the event of prolonged delays (two hours or more, depending on the fight distance), passengers are always ofered meals and refreshments and the right to two free phone calls or two messages; ❖ if the departure time is scheduled for the next day, passengers are also ofered hotel accommodation and transport to the place of accommodation and from it to the airport; ❖ if the delay is at least fve hours, passengers have the option of a refund of the full cost of the ticket and, if applicable, a return fight to the original point of departure. The Court of Justice of the European Union has stated that when passengers arrive at 4 their fnal destination three hours or more after their scheduled arrival time (such as passengers whose fights are cancelled), they can claim lump sum compensation from the airline, unless the delay is caused by extraordinary circumstances. But are these provisions of Regulation no 261/2004 also applicable to charter fights? Can the tourists of a tour operator formulate such requests for compensation and indemnifcation? If so, from the airline or from the tour operator? It should be emphasized here that tourists are not in a contractual relationship with the air carrier, but with the tour operator. And this contractual relationship is governed by See the judgment delivered in a preliminary questions procedure in related cases C-402/07 4 and C-432/07.
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