Tourism Law in Europe

15 and interests of the consumers 28 . In other case Authority analyzed the traveller‘s right to transfer the travel package contract to another person not later than 7 days before the start of the package. Authority stated that the term of the contract setting a much longer period, i.e., providing a right of a tourist to transfer a cognitive trip to a third person at least 28 days before the start of the trip and in case of exotic trip - at least 42 days before the start of the journey restricts consumer's rights 29 . The above-mentioned examples once again confirm that the practical benefit of standard terms and conditions of package travel agreements can be reasonably called into question. As the State Consumer Rights Protection Authority exercises competence as an alternative dispute resolution body, in case of disputes arising from package travel contracts and linked travel service arrangements the provisions of Directive on Consumer ADR are applicable 30 . Article 25(2) of the Law on Tourism establishes that “disputes about a package travel contract and about the inadequate performance or the non-performance of the services contained in linked tourist service arrangements may be examined by extrajudicial procedure in accordance with the procedure set out in the Lithuanian Law on the Protection of Consumer Rights, and disputes about infringed rights may be taken to court”. The ADR procedure, according to the Law on the Protection of Consumer Rights 31 , applies only to the consumers, excluding those who are not consumers (i.e., consumers in a broader sense). Therefore, one can raise a question: how the reference found in Article 25 (2) of the Law on Tourism shall be interpreted: as the reference to all travellers or only to travellers-consumers? 32 . When analysing the legal regulation of tourism services from tourists’ perspective, it should be noted that in the context of the coronavirus (COVID-19) pandemic, the new issues related 28 The ruling of Consumer Rights Protection Authority, 15 June 2020, No. 10E-1285. 29 The ruling of Consumer Rights Protection Authority, 16 June 2020, No. 10E-1288. 30 Directive 2013/11/EU of the European Parliament and of the Council, of 21 May 2013, on alternative dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR). 31 The Republic of Lithuania Law on Consumer Rights Protection adopted by the Law No. I-657, as of 19 November 1994. 32 More about consumer-traveller dilemma please see Bublienė,Danguolė;Navickaitė-Sakalauskienė,Ieva.Implementation ofthePackageTravelandLinkedTravelArrangementsDirective:Lithuanianexperience//CollectiveCommentaryontheNewPackage Travel Directive / editorsCarlos Torres et all. Estoril : ESHTE - Estoril Higher Institute for Tourismand Hotel Studies, 2020, ISBN 978- 989-99955-7-4, p. 990.