Tourism Law in Europe

23 concern. After the amendments to the Law on Tourism, adopted on 21 April 2020, a derogation from the obligation to refund the traveller has been made, introducing an opportunity to compensate a tourist for the cancelled organised tourist trip, by issuing a voucher. Article 17 of Law on Tourism states that “in the event of war, state of emergency, mobilisation, quarantine, extremity, or when citizens of the Republic of Lithuania are prohibited from leaving the Republic of Lithuania or citizens of other states from entering the Republic of Lithuania and for this reason it is impossible for the tour organiser to fulfil its obligations under the travel contract, upon agreement between the tourist and the tour organiser, the price of a trip may be compensated by giving a voucher of the value of the trip price”. According to this provision the voucher must comply with following conditions: the voucher represents the value of the amount paid by the tourist; possibility to pay for one or more future trips; all or part of the price can be covered; valid for 12 months after the end of the restriction term; possibility of transfer to other persons; if not used during the time limit prescribed, price refund is applied. Accordingly, on 21 May 2020, amendments to the Article 6.751 of the Civil Code were adopted by adding new part (5) to this article, providing that in cases when there is no agreement on the compensation of the money paid for the cancelled trip by issuing the voucher, the tour organiser returns the money paid by the tourist within 90 days after the restrictions provided in Article 17 of Law on Tourism are over 45 . According to the European Commission passengers in the EU are entitled to a refund in case of cancelled travel arrangements and are supposed to receive it within two weeks of requesting reimbursement. Travel Directive provides that, if a package trip is cancelled due to ‘unavoidable and extraordinary circumstances’, travellers have the right to get a full refund of any payments made for the package, without undue delay and in any event within 14 days after termination of the contract 46 . Because national legislator did not respect the 14-day deadline laid down in EU law, and, exclusively on its own initiative, introduced a much longer period for the return of money in cases when no agreement on issuing a voucher is reached, the European 45 Law Amending Article 6.751 of the Civil Code of the Republic of Lithuania, 21 May 2020, No. XIII-2956. 46 Article 12(4) of Travel Directive.