РЕГЛАМЕНТ (ЕС) N 261/2004 ЕВРОПЕЙСКОГО ПАРЛАМЕНТА И СОВЕТА ОБ УСТАНОВЛЕНИИ ОБЩИХ ПРАВИЛ В ОБЛАСТИ КОМПЕНСАЦИИ И СОДЕЙСТВИЯ ПАССАЖИРАМ В СЛУЧАЕ ОТКАЗА В ПОСАДКЕ, ОТМЕНЫ ИЛИ ДЛИТЕЛЬНОЙ ЗАДЕРЖКИ АВИАРЕЙСА И ОБ ОТМЕНЕ РЕГЛАМЕНТА (ЕЭС) N 295/91. Регламент. Европейский Союз. 11.02.04 261/2004

Article 3
                                Scope

     1. This Regulation shall apply:
     (a)  to  passengers  departing  from  an  airport  located in the
territory of a Member State to which the Treaty applies;
     (b)  to  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.
     2. Paragraph 1 shall apply on the condition that passengers:
     (a)  have  a  confirmed  reservation on the flight concerned and,
except  in  the case of cancellation referred to in Article 5, present
themselves for check-in,
     - as  stipulated  and  at  the  time  indicated in advance and in
writing  (including  by electronic means) by the air carrier, the tour
operator or an authorised travel agent,
     or, if no time is indicated,
     - not  later than 45 minutes before the published departure time;
or
     (b) have been transferred by an air carrier or tour operator from
the  flight  for  which  they  held  a  reservation to another flight,
irrespective of the reason.
     3.  This Regulation shall not apply to passengers travelling free
of charge or at a reduced fare not available directly or indirectly to
the  public.  However,  it  shall  apply  to passengers having tickets
issued  under a frequent flyer programme or other commercial programme
by an air carrier or tour operator.
     4.  This Regulation shall only apply to passengers transported by
motorised fixed wing aircraft.
     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  affect the rights of passengers
under  Directive  90/314/EEC. This Regulation shall not apply in cases
where  a package tour is cancelled for reasons other than cancellation
of the flight.