INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW airline company in the European Union whereby the air carrier undertakes to carry out one or several air flights, according to a certain flight 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 flight contracted by a tour operator. Who should have the obligation to repair the damages suffered 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 FIELD 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 flights.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 benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier, provided that passengers have a confirmed reservation for that flight 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. In case of flight cancellation, the affected passengers have: • the right to reimbursement of the cost of the ticket within seven days, to a return flight to the original point of departure or to rerouting to their final destination; • the right to service (meals and refreshments, hotel accommodation, 3 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
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