national legislation, which transposes Directive no 2302/2015 (New Package Travel Directive / NPTD) . 5 We can give the answer by interpreting the provisions of paragraphs 5 and 6 of Article 3 of Regulation no 261/2004: "5. This Regulation shall apply to any operating air carrier providing transport to passengers covered by paragraphs 1 and 2. Where an operating air carrier which has no contract with the passenger performs obligations under this Regulation, it shall be regarded as doing so on behalf of the person having a contract with that passenger. 6. This Regulation shall not afect the rights of passengers under Directive 90/314/EEC (Currently replaced by NPTD – A/N ). This Regulation shall not apply in cases where a 6 package tour is cancelled for reasons other than cancellation of the fight.”. Per a contrario, Regulation 2004/261 also applies to tourists who have boarded or should have boarded a charter fight, and they are entitled to compensation and/or compensation from the air carrier in the event of fight delay or cancellation, with unless their tourist trip is canceled for reasons other than fight cancellation . 7 In the context of this conclusion, we also fnd the Commission Notice (2016/C 214/04) - "Interpretative Guidelines on Regulation (EC) No 261/2004 (…) and on Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council". This Communication mentions that passengers/tourists have rights in relation to both the package organiser under the NPTD and the operating air carrier (air carrier) under Regulation No. 261/2004. Therefore, seeing the frst sentence of paragraph 6 of art.3 of Regulation no 261/2003, we understand that tourists who have contracted a package of travel services (within the meaning of NPTD), which also includes air transport with a charter fight contracted by the tour organiser, they can choose to act in two ways: - either based on the provisions of Regulation 261/2004, requesting compensation and/or indemnifcation from the air carrier; Directive (EU) 2015/2302 of 25 November 2015 on package travel and linked travel 5 arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC NPTD Article 29 – Repeal: 6 ”Directive 90/314/EEC is repealed with efect from 1 July 2018. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex III.” In addition, see recital 16 of Regulation 261/2004: 7 " In cases where a package tour is cancelled for reasons other than the fight being cancelled, this Regulation should not apply."
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