Collective Commentary about the New Package Travel Directive

976 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE However, it should be noted that the ensurement of fulfillment of obligations does not cover (Article 15): 1) Damage suffered by the tourist due to poor quality of services provided by the travel organiser; 2) Non-material damage suffered by the tourist; 3) Damage suffered by the tourist in those cases when the travel organiser is discharged from liability to the undertaken obligations for the tourist under the Civil Code and (or) organized travel contract; 4) Damage suffered by the tourist due to unprovided services, which were not included into organized travel by the travel organiser (Article 15). The tourist, who suffered damage mentioned above, has to apply to the institution authorized by the Government not later than 3 months from the announcement of information regarding examination of applications regarding the recovery of the damage announced by the institution authorized by the Government (the State Consumer Rights Protection Authority). Damages are covered under the procedure determined by the Government or the institution authorized by the Government, i.e. institution authorized by the Government after the end of the period of 3 months, during 10 working days analyses submitted requests and supporting documents of tourists and submit a written request to the insurance company regarding insurance benefit (12 September 2018 the Resolution of the Government of the Republic of Lithuania No. 924). Under Article 128 of the Code of Administrative Offences of the Republic of Lithuania (2016), fines from 600 to 850 euros are determined for breach of requirements for provision of tourism services, travel agents and (or) sellers of travel packages. If the breach was committed repeatedly, the amount of fine is ranging from 820 to 1500 euros. Speaking of travel package, Article 21 of the Law on Tourism determines that travel package is considered to be completed if the seller of the travel package: 1) helps the tourist with the separate selection and separate payment of each travel service during single visit or contact with his point of sale; 2) in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.