Collective Commentary about the New Package Travel Directive
972 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE determined specifically. According to Article 6.747 of the Civil Code of the Republic of Lithuania, the concept of the contract for the provision of tourist services binds one party – the tour organiser – to ensure for remuneration the other party – the tourist – a prearranged journey and the tourist undertakes to pay the tour organiser for the services provided. In the same article it is determined that organized tour is considered to be a journey sold by entering separate contracts between tourist and provider(s) of tourism services regarding provision of the tourism services. In order to offer tourism services, prior to the signing of the contract for the provision of tourist services, the tour organiser must provide the tourist with clear, understandable and unbiased information regarding the tour in written or in other official form. This information should contain main details about conditions of journey and (or) characteristics of provided services (Article 6.748). It is also determined that the tour organiser must perform the contract while having regard to reasonable expectations of the tourist, that the latter might have had according to the nature of the contract and the services to be provided, despite the fact whether these services has to be provided by the tour organiser or other provider of tourism services (Article 6.754). In the Part 5 of the same article it is determined that when it becomes clear that the tour organiser will not be able to perform the main part of the contractual services, the tour organiser must offer the tourist an appropriate alternative services for the same price and of the same or better quality, in order to continue the organized tour; also, this applies in that case if the return service to departure place is not provided in the way as it was agreed. The tourist can refuse to accept suggested alternatives in that case if they are not similar with those services determined in the contract or if the discount is inadequate. In the Part 1 of Article 6.752 it is determined the alteration of the terms of the contract – it is possible to change the price of the journey; however, specific safeguards are added, for instance, if the tour organiser suggests to increase the price of tour by more than 8 percentage, during reasonable period of time determined by the tour organiser, the tourist has the right to agree with the changed terms and conditions of the contract suggested by the tour organiser or terminate contract and do not pay charges for the termination of the contract. In Article 6.754 of the Civil code of the Republic of Lithuania it is determined that the tourist has the right to transfer his right to the travel to other person, who will obtain all the terms of the contract if he informs the tour organiser officially at least 7 days before the start of the travel. Also, in this article it is
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