Collective Commentary about the New Package Travel Directive

LITHUANIA | DANGUOLĖ BUBLIENĖ AND IEVA NAVICKAITĖ-SAKALAUSKIENĖ 1007 lack of conformity orally. It seems that it does not correspond to the idea of the Directive, furthermore, the situations where there can be a necessity to address the issue to the travel organiser orally can occur “in real life”. When analysing national rules on responsibility for the performance of the package it should be mentioned that Article 6.754 of the Civil Code, transposing these norms, does not provide rules on price reduction, moving them to Article 6.752/1 and listing together with rules on price increasement and other situations, when the tourist shall be entitled to a price reduction and which are not related to the liability of the organiser. Accordingly, the rules on compensation for damages, listed in Article 13(6) of the Travel Directive are also transposed into the separate Article 6.754/1 of the Civil Code. This separation of remedies instead of putting them together makes it more difficult to apply them in practice, to understand the interaction between them, especially in cases when price reduction can be applied together with compensation for damage. The last point which could be mentioned is that Article 13 (6) of Travel Directive provides a right to repatriation inter alia in cases where a lack of conformity substantially affects the performance of the package, whereas, according to Article 6.754 (6) of Civil Code the repatriation is ensured if the tour organiser cannot provide a significant proportion of the services as agreed. This can be seen as a mistake of the legislator, because according to Article 13 (5) of Travel Directive, in cases where a significant proportion of the travel services cannot be provided the different consequences apply – namely alternative arrangements should be provided for the continuation of the package. 4.5. Damage compensation The main rules related to the compensation for damages are transposed into Articles 6.754/1 through 6.755 of the Civil Code. Several aspects which might be essential for the implementation of the rules shall be mentioned. Firstly, it should be discussed the technique of the regulation of the compensation of damage. Two ways construe the rule regulating the tourist right to claim for compensation: there are two special cases in which the tourist is entitled to the damage (these two cases are related to the lack of conformity of the travel services) and the rule referring to other situations set out in the Civil Code. Taking into account the highly harmonisation nature of the Directive, it might be questioned whether such open rule is the right way of transposition. It seems that the new Travel Directive establishes the remedial system only in the case of lack of conformity of the services. For these aspects are devoted Articles