EU LEGISLATION AND CONTRACTUAL RELATIONSHIP 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 flights of 1,500 km or less; – EUR 400 for all intra-EU flights over 1,500 km and for all other flights between 1,500 and 3,500 km; – EUR 600 for all flights not covered by the previous points. In the case of a flight 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 flight distance), passengers are always offered 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 offered hotel accommodation and transport to the place of accommodation and from it to the airport; • if the delay is at least five hours, passengers have the option of a refund of the full cost of the ticket and, if applicable, a return flight to the original point of departure. The Court of Justice of the European Union has stated4 that when passengers arrive at their final destination three hours or more after their scheduled arrival time (such as passengers whose flights 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 flights? Can the tourists of a tour operator formulate such requests for compensation and indemnification? 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 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: 4 See the judgment delivered in a preliminary questions procedure in related cases C-402/07 and C-432/07. 5 Directive (EU) 2015/2302 of 25 November 2015 on package travel and linked travel 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
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