Collective Commentary about the New Package Travel Directive

LITHUANIA | DANGUOLĖ BUBLIENĖ AND IEVA NAVICKAITĖ-SAKALAUSKIENĖ 997 provider(s), the provision of tourist services and package tour definition is almost verbatim transposed into the Law on Tourism, there seems to be no reason to agree with the mentioned position. In this context, it should also be mentioned that the Supreme Court of Lithuania, in its jurisprudence, has already applied the concept of the package travel contract, which is in line with the broader understanding, brought by the new Travel Directive 40 . The Court has stated that both pre-arranged package holidays and self-customised package, arranged according to the request of the members of the trade union, are covered by the provisions, regulating package travel contracts. 4. ISSUES RELATED TO THE TRANSPOSITION OF THE PROVISIONS OF THE TRAVEL DIRECTIVE CONCERNING THE CONTRACTUAL ASPECTS 4.1. The duty of disclosure The rules of the Travel Directive concerning the duty to disclose, in respect of package travel contract, are set out mainly in Articles 6.748 and 6.749 of the Civil Code and in Article 5 of the Law on Tourism. The duty to disclosure in case of linked tourist service arrangements is provided in Article 22 of the Law on Tourism. In essence, these provisions are transposed correctly into national legislation; however, some transposed provisions might be questioned as to the proper and effective transposition. Firstly, it should be mentioned that some information requirements concerning package travel contracts concluded in the oral formare not transposed. As to the form in which the package travel contract is concluded, it can be noted that the Travel Directive does not directly harmonise this rule. Paragraph 25 of the preamble of the Directive explains that “a package can be sold through means of distance communication, over the counter or through other types of distribution” , and the content of Articles 5 and 7 of the Directive 41 allows the consideration that the package travel contract can be concluded both in written and oral form 40 The ruling of the Supreme Court of Lithuania, 17 May 2011, case No. 3K-3-239/2011. 41 Article 5 (1) lays down the pre-contractual information rules for package travel contracts concluded by telephone. Whereas Article 7 (1) of the Directive establishes a duty to provide the traveller with a copy or confirmation of the contract at the conclusion of package travel contract, or without undue delay thereafter, is set out.