47As regards the context in which that provision occurs, it should be noted that several provisions of Regulation No 261/2004 do not distinguish between tour operators and air carriers for the purposes of their application. That is the case with regard to, inter alia, the first indent of Article 3(2)(a) of that regulation, which provides that the time at which passengers should present themselves for check-in may be communicated by the air carrier, a tour operator or an authorised travel agent. That is also the case as regards Article 3(2)(b) of that regulation, according to which passengers may be transferred to another flight by either the air carrier or the tour operator.
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