| Abstract [eng] |
The topic of final thesis - Problems of Regulation of Tourism Service Contractual Relations in EU Law. Council Directive of 13 June 1990 on package travel, package holidays and package tours (hereinafter referred to as Directive 90/314) sets out different rules concerning package travel, package holidays and package tours (hereinafter referred to as packages). Shall be mentioned that Directive 90/314 was adopted over 25 years ago, and since then there have been significant changes regarding with Internet and the global network. Internet and global network have become an important tools for offering or selling travel services. On the 15th of november, 2015 the European Parliament and the Council adopted directive on package travel and linked travel arrangements 2015/2302, which should be duly transformed into Lithuanian legislation on packages until 1st January 2018. The main idea of this research is to compare current and future regulations of tourism services according with Directives provisions and to emphasize the main problems arising from regulation of tourism servises. Linked travel arrangements will be one of the most important innovation in regulation of tourism services. Before the traveller is bound by any package travel contract or any corresponding offer, organizator or retailer separately shall ensure security for the refund of all payments made by travellers insofar as the relevant services are not performed as a consequence of the organiser's insolvency. In accordance with the new Directive all Member States of European Union (hereinafter referred as to EU) shall recognise other EU countries protection regimes from insolvency. Therefore, the Lithuanian's organizator will not be autorized to lay down his own rules in respect of other organizator, whish is established in other EU country and sold package travel services for Lithuanian citizen. Lithuania has not duly fulfilled the obligation to transformed provisions into legislation on insolvency issues. However, the new Directive will set out more clarified provision regarding insolvency matter. In may and march 2016, Administrative court of Lithuania for the first time stated, that Lithuania is obligated to indemnify the damage caused due to incorrect provision transformation. The research revealed that the provisions which is arised from new Directive will increase the travellers protection even in insolvency matters, thus the new Directive will ensure the travellers rights more that old one. |
