International Journal of Tourism, Travel and Hospitality Law 2023

EU legislation and contractual relationship between the travel package organizer and the air carrier in case of charter flights. Liability for cancelled and delayed charter flights Ilie Dumitru I. Global economic and legal contexts. II. The scope of our study. III. Relevant EU law in the analyzed field. IV. Differences between the liability of the air carrier and the organizer of the travel package, in case of delay or cancellation of an air flight. V. Conclusion. Many tour operators conclude air charter contracts to obtain passenger and luggage transportation services, in order to then include them in the travel service packages they create and sell to tourists. At the level of the European Union, Directive (EU) no. 2302/2015 regulated that the organiser is responsible for the performance of the travel services included in the package travel contract. On the other hand, Regulation (EC) no. 261/2004 established common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. Acording to mentioned regulation, in case of delay or cancellation of a flight, the passengers concerned shall have the right to compensation by the operating air carrier In this study, we aim to analyze the applicable EU 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 flight contracted by a tour operator. Keywords: package travel contract, travel services, charter flight, breach of the contract, tour operator responsibility. I. GLOBAL ECONOMIC AND LEGAL CONTEXTS